Constitutional Regulation of Speech (and False Beliefs) in Health Care

Scott J Schweikart

doi:10.1001/amajethics.2018.1041

Constitutional Regulation of Speech (and False Beliefs) in Health Care

AMA J Ethics. 2018 Nov 1;20(11):E1041-1048. doi: 10.1001/amajethics.2018.1041.

Author

Scott J Schweikart¹

Affiliation

¹ A senior research associate for the American Medical Association Council on Ethical and Judicial Affairs in Chicago, Illinois, and the legal editor for the AMA Journal of Ethics, and worked as an attorney editor and reference attorney at Thomson Reuters and practiced law in Chicago.

PMID: 30499432
DOI: 10.1001/amajethics.2018.1041

Abstract

False beliefs in medicine can be regulated by constitutional doctrines of false speech and professional speech, whereby government can restrict professionals' false beliefs or impose its own false beliefs on professionals. In our allegedly "post truth" society, such regulations and their foundations can have an important influence on health care practice.

MeSH terms

Attitude of Health Personnel*
Deception*
Delivery of Health Care / legislation & jurisprudence*
Government
Government Regulation*
Health Knowledge, Attitudes, Practice*
Health Personnel / legislation & jurisprudence*
Humans
Professional Competence / legislation & jurisprudence
Speech*