Solomon Center Scholar Discusses Health AI and Supreme Court Ruling on Medical Speech
The Solomon Center for Health Law and Policy at Yale Law School recently hosted a pair of conversations with free speech, health, and technology expert Claudia Haupt. The talks examined the rise of artificial intelligence in health care and the U.S. Supreme Court’s March 31 decision in Chiles v. Salazar. Both events were moderated by Solomon Center Executive Director Jeremy Pilaar ’18.
Haupt is a senior visiting research scholar at the Solomon Center and was a research fellow at the Center from 2016 to 2018. She is also a professor of law and political science at Northeastern University, where she co-directs the Center for Health Policy and Law. Haupt has published extensively on the First Amendment and health care policy. Her second book, “Professional Speech: Knowledge Communities and the Regulation of Expertise,” is forthcoming from Cambridge University Press.
Haupt’s first talk, before a group of law students on March 26, examined how fast-progressing artificial intelligence (AI) technologies are changing the way health care is delivered. Haupt focused on the ways in which AI may impact trust in medicine by displacing the advice-giving role of human professionals. She then answered student questions about how existing liability frameworks should account for AI-mediated health encounters and which new regulatory tools may be needed.
Haupt’s second talk, on April 8, analyzed the majority and dissenting opinions in Chiles, which held that a Colorado law banning conversion therapy must be subject to strict scrutiny under the First Amendment because it regulates speech based on viewpoint.
The dissent in that case, penned by Justice Ketanji Brown Jackson, heavily cited Haupt’s Yale Law Journal article, “Professional Speech,” to argue that the majority opinion did not adequately account for the distinctive constitutional status of speech that occurs within professional relationships. The conversation drew an audience of dozens of students from across the Yale schools of law, public health, and medicine.
About the Solomon Center
The Solomon Center for Health Law and Policy at Yale Law School is the first of its kind to focus on the intersection of law and the governance, practice, and business of health care. The Center brings together leading experts and practitioners from the public and private sectors to address cutting-edge questions of health law and policy, and to train the next generation of top health lawyers, industry leaders, policymakers, and academics.
