Not commercial speech but the more interesting question is where’s the line between “religiously and morally motivated statements” and professional (or pseudoprofessional) advice?

📸 Spotted in Montreal! Professors Margaret Woo (left) and @cehaupt.bsky.social attended the American Society of Comparative Law's annual meeting at McGill University last week.🍁 This year's gathering marked 125 years since the Paris Congress. www.mcgill.ca/wainwright/c...

The case “is ultimately about the role of experts and professional advice that communicates expertise,” said Claudia Haupt, professor of law and political science at Northeastern University. “This has the potential to unsettle a huge range of professional regulations more generally.”

Always read @ignaciocofone.bsky.social, including accidental legal history.

Thoughts on this problem from @masonmarks.bsky.social & me in @jama.com: jamanetwork.com/journals/jam...

👏 Congratulations to @solomonctryls.bsky.social Senior Visiting Research Scholar and 2017–18 Solomon Center Research Fellow @cehaupt.bsky.social on being named Faculty Co-Director of the @nusl.bsky.social Center for Health Policy and Law! law.northeastern.edu/haupt-named-...

Professor Claudia Haupt @cehaupt.bsky.social, an expert on First Amendment law whose current work is situated at the intersection of free speech, health and technology, has been named faculty co-director of NUSL’s Center for Health Policy and Law! #NUSLPride law.northeastern.edu/haupt-named-...

New paper! “The Professional Regulation and Ethics of Direct-to-Prescription Marketing” is forthcoming with the American Journal of Law & Medicine. Draft here: papers.ssrn.com/sol3/papers.... @nusl.bsky.social @clicatnusl.bsky.social

New paper! “The Professional Regulation and Ethics of Direct-to-Prescription Marketing” is forthcoming with the American Journal of Law & Medicine. Draft here: papers.ssrn.com/sol3/papers.... @nusl.bsky.social @clicatnusl.bsky.social

As my @petrieflomcenter.bsky.social piece suggests: "As guardians of professional knowledge, the professions, including the medical profession, can take various steps to assert their role. The professions should renew their focus on protecting expertise." petrieflom.law.harvard.edu/2025/02/06/t...

Great time at ASLME #HLPC2025, hosted by @bulaw.bsky.social @busph.bsky.social last week! Our panel on Direct-to-Prescription Pharmaceuticals (with @weparmet.bsky.social @cehaupt.bsky.social @jakeelberg.bsky.social) was well-attended despite being slotted in the last session of the conference.

At 2:45 PM, Professors Wendy Parmet and Claudia Haupt will present in Room 212 on Direct to Prescription Marketing: Constitutional, Regulatory, and Ethical Implications. @weparmet.bsky.social @cehaupt.bsky.social healthlawprofconf.org/schedule-2025/

Looking forward to presenting on a panel with @weparmet.bsky.social @cehaupt.bsky.social #HLP25 #HLPC25

And many of these have existing legal and ethical frameworks (see, e.g. Artificial Professional Advice papers.ssrn.com/sol3/papers....):

Today in Vienna! Looking forward to the conversation.

Claudia Haupt on combining "the horizontal effect of fundamental rights and militant democracy". "This article argues that one mechanism without the other is normatively undesirable...". But "viewed together, they can be understood and operationalized as “democratic self-defense”".

Final version now out with Fordham L. Rev. @fordhamlawnyc.bsky.social and available on @ssrn.bsky.social papers.ssrn.com/sol3/papers.... A lot has happened in the meantime. @nusl.bsky.social @clicatnusl.bsky.social @yaleisp.bsky.social

The “Dr Oz Paradox” is back in the news: “In short, the law imposes liability for giving bad advice to one patient, while it permits giving bad advice to millions of YouTube or television viewers, which may result in significant physical harm.”

Professor Claudia Haupt @cehaupt.bsky.social will present “Generative AI and Medical Advice” this Wednesday as part of the University of Oxford @ox.ac.uk Institute for Ethics in AI Research Seminars series. #NUSLPride Learn more and register here: www.oxford-aiethics.ox.ac.uk/generative-a...

Speaking as a health professional or speaking as a politician? @weparmet.bsky.social and I discuss the important nuances here: illinoislawreview.org/print/vol-20... @sherylnyt.bsky.social @nusl.bsky.social

Join us this week @petrieflomcenter.bsky.social! Looking forward to the conversation. @nusl.bsky.social @clicatnusl.bsky.social @yaleisp.bsky.social

In @jama.com @masonmarks.bsky.social & I proposed FTC regulation to prohibit AI impersonating individuals, including licensed advice-givers such as medical professionals: jamanetwork.com/journals/jam... @petrieflomcenter.bsky.social @nusl.bsky.social @yaleisp.bsky.social @ellenbarry.bsky.social

In @jama.com @masonmarks.bsky.social & I proposed FTC regulation to prohibit AI impersonating individuals, including licensed advice-givers such as medical professionals: jamanetwork.com/journals/jam... @petrieflomcenter.bsky.social @nusl.bsky.social @yaleisp.bsky.social @ellenbarry.bsky.social

As I explain here, petrieflom.law.harvard.edu/2025/02/06/t..., the professions “are responsible for maintaining the integrity of professional discourse according to professional standards.” Example of what that might look like from @jama.com

As I explain here, petrieflom.law.harvard.edu/2025/02/06/t..., the professions “are responsible for maintaining the integrity of professional discourse according to professional standards.” Example of what that might look like from @jama.com

Lunchtime Zoom 3/7 discussing how artificial intelligence can be used for good—& bad—in a healthcare setting. The panelists @masonmarks.bsky.social, I. Glenn Cohen, & @cehaupt.bsky.social will explore possible legal and regulatory approaches: petrieflom.law.harvard.edu/events/detai...

Nine brilliant scholars (links below) wrote about The Privacy Fallacy in a symposium on Balkinization, & one couldn’t have asked for a sharper, more thoughtful engagement. The responses challenge, expand & improve the arguments pushing forward the conversation on privacy, power, and AI governance 1/

Such a treat to have been invited to join this stellar group to discuss @ignaciocofone.bsky.social’s outstanding @cambridgeup.bsky.social book! The variety of angles in this symposium illustrates the breadth and depth of his contribution in The Privacy Fallacy. @ox.ac.uk @yaleisp.bsky.social

My thoughts on the professions' responsibility to protect professional knowledge now up on Bill of Health

New First Amendment vs public health fight waiting to happen. @weparmet.bsky.social & I discuss public health warning labels & First Amendment issues here papers.ssrn.com/sol3/papers.... (sugary sodas, tobacco) & I look at social media warning labels here petrieflom.law.harvard.edu/2024/08/04/f...

As I explain here, petrieflom.law.harvard.edu/2025/02/06/t..., the professions “are responsible for maintaining the integrity of professional discourse according to professional standards.” A recent example from @bmj.com:

My thoughts on the professions' responsibility to protect professional knowledge now up on Bill of Health

Here's my latest at the Contrarian -- analyzing the Musk data grabs and the takeover of government by the DOGE kids. contrarian.substack.com/p/all-the-go...

“Publication ethics and professional standards define the work of medical journals, editors, and researchers. These are safeguards of best scientific practice and integrity—and will not yield to bad practice like gag orders, suppression, and authoritarian whims.”

“Many of the reasons why physicians have an ethical obligation to provide patients with advice that aligns with professional standards also apply when physicians who hold public office . . . give health-related information and advice to the public writ large.”

🧵HOW (MANY) PUBLIC BENEFIT PROGRAMS WORK (what I teach my law students in reproductive justice) The Trump Administration is intentionally obfuscating the impact of its grants funding freeze by counting on many American's unfamiliarity with the structure of many public benefits programs.

"Trump’s PCLOB Purge Risks Banning Meta, ExTwitter, Google, And Even Truth Social From Europe" from @mmasnick.bsky.social www.techdirt.com/2025/01/27/t...

Here we go again. It's typical for a new White House to put a freeze on regulatory actions like rules; it's not typical to freeze all agency communications, with no exceptions. 1/

Noyb’s GDPR complaints against TikTok, Xiaomi, & other Chinese companies for allegedly sending EU user data without legal basis to China is a test for new challenges in cross-border data protection enforcement. We're used to seeing these problems restricted to EU-US www.reuters.com/technology/t...

Meta plans to scale back fact-checking in the United States for now, the company said, nodding to domestic political realities in a way that is set to widen the gap between what users experience on social media in and outside the country.

Viewpoint from Claudia Haupt and Mason Marks discusses leveraging the Federal Trade Commission to combat #AI-generated medical disinformation and protect consumers from deceptive medical advice. https://ja.ma/4ftxl08

As part of the Balkinization symposium on @ignaciocofone.bsky.social’s brilliant new book I offer some thoughts on how his approach can inform health privacy beyond HIPAA using the example of generative AI chatbots dispensing health advice. balkin.blogspot.com/2024/12/aski... @yaleisp.bsky.social

Only one week left to apply to these amazing roles at ISP!

Check out Professor Claudia Haupt’s guest post on the Balkinization Blog: “Asking the Right Questions: How The Privacy Fallacy Can Guide Health Law Out of the HIPAA Trap” @cehaupt.bsky.social

As part of the Balkinization symposium on @ignaciocofone.bsky.social’s brilliant new book I offer some thoughts on how his approach can inform health privacy beyond HIPAA using the example of generative AI chatbots dispensing health advice. balkin.blogspot.com/2024/12/aski... @yaleisp.bsky.social

“The American Medical Association (AMA) Code of Medical Ethics recognizes that physicians have some ethical duties to the public. These include the duty ‘to participate in activities contributing to the improvement of the community and the betterment of public health.’”

“Information Fiduciaries and Privacy” -- here’s a long post on information fiduciaries where I discuss its origins and some key points, along with a bibliography of works on the topic teachprivacy.com/information-... #privacy

Looking to supervise DPhil students on AI regulation or data protection at Oxford - particularly interdisciplinary or comparative law projects. Applications are open until January 29, with details here: www.law.ox.ac.uk/content/cour.... Please share with students who may be interested!