Joel T. Wu, JD, MPH, MA and Jennifer B. McCormick, PhD, MPP
False health-related speech can cause harm, but it’s not restricted unless it’s obscene. Physicians are obliged not only to correct patients’ false beliefs, but to engage digital spaces in which false claims thrive.
AMA J Ethics. 2018;20(11):E1052-1058. doi:
10.1001/amajethics.2018.1052.
Government can regulate false speech and professional speech, which bans “gag laws” and compelled speech about laws to restrict abortion, for example. How should health professions share regulatory responsibility with government to prevent true speech about health information from being stifled?
AMA J Ethics. 2018;20(11):E1041-1048. doi:
10.1001/amajethics.2018.1041.
Clinicians in Catholic health care institutions cannot prescribe contraceptives for pregnancy prevention under a false diagnosis without committing fraud and contravening doctrine. Referrals are one option the authors consider for navigating patient requests for contraception.
AMA J Ethics. 2018;20(7):E630-636. doi:
10.1001/amajethics.2018.630.
A history of device oversight by the US Food and Drug Administration traces regulatory changes in response to injuries caused by Dalkon Shield intrauterine devices.
AMA J Ethics. 2021;23(9):E712-720. doi:
10.1001/amajethics.2021.712.
Protecting one’s moral integrity may require a conscience clause that protects positive conscience claims by permitting individuals to perform actions that are otherwise prohibited by legal or institutional rules.
Margaret Little, PhD and Anne Drapkin Lyerly, MA, MD
Society is best served by an approach to conscience that combines a progressive understanding of patients’ needs, a nuanced determination of when those needs translate into claims, and a limited role for conscientious refusal.
If employees of religious institutions whose consciences conflict with those of their employers were to be granted legal protection for positive claims of conscience, the religious freedom of institutions within which they work would be gravely compromised.