Hamburger: IRBs are Worse than McCarthyism

In a brief article in Commentary, Philip Hamburger summarizes his case against IRBs, made in much greater detail in his 2004 article, “The New Censorship: Institutional Review Boards," Supreme Court Review (2004): 271–354. In this version, he argues that the regulation of human subjects research "is the most widespread and systematic assault on freedom of speech and the press in the nation's history. McCarthyism was more overtly political, but IRB licensing is more pervasive and methodical, and its consequences are far more lethal."

[Hamburger, Philip, "The Censorship You’ve Never Heard Of.” Commentary, July 2013, 21-26]

UNM, NYU: Miller's Fatshaming Tweet Wasn't Research

Two IRBs have concluded that Geoffrey Miller's June tweet about "obese PhD applicants" was not human subjects research.

A UNM statement explains,

Miller at first claimed his tweet was part of a research project, but investigations by the Institutional Review Board at New York University where he was a visiting professor, and the IRB at UNM where he is a tenured professor, concluded that was not correct.

The statement also lists the terms of a censure by the university.

For background, see Trolling Isn't Human Subjects Research and Michelle Meyer: Miller Interacted, Intervened

Ignorance Is Strength: Lecture Video Online

I just noticed that Brigham Young University has posted a video of my February 2013 lecture, "Ignorance Is Strength: Pseudo-Expertise and the Regulation of Human Subjects Research." Many thanks to my hosts there and the producers of the video.

Two More Biomedical Members for SACHRP

From the OHRP List:

The Office for Human Research Protections (OHRP) would like to announce two new members who have been invited to join the Secretary's Advisory Committee on Human Research Protections (SACHRP). The invited members are:

• James R. Anderson, Ph.D., Professor of Biostatistics and the Associate Dean for Research at the University of Nebraska Medical Center College of Public Health; and

• Stephen J. Rosenfeld. M.D., M.B.A., Chairperson of Quorum Review IRB

OHRP would like to thank all applicants, and notes that the next SACHRP member solicitation will be published in the Federal Register in approximately six months.

Oh, I've Heard of It

Placeholder for

Hamburger, Philip. “The Censorship You’ve Never Heard Of.” Commentary, July 2013.

h/t Chris Shea.

Michelle Meyer: Miller Interacted, Intervened

Michelle Meyer had more to say about my comments on Geoffrey Miller's fatshaming troll-tweet than would fit in Blogger's comment box. I post her comments here, along with some responses.

Robert Levine: We Should Have Done a Careful Study of Social and Behavioral Research

The June issue of the Journal of Clinical Research Best Practices features an interview with Robert Levine about his service as consultant to the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. Levine concedes that the commission did not sufficiently explore "sociology, anthropology, education and other vast areas of research."

[Mark Barnes, "Bob Levine on the Making of the Belmont Report," Journal of Clinical Research Best Practices 9, no. 6 (June 2013). h/t Michelle Meyer]

Trolling Isn't Human Subjects Research

The Chronicle of Higher Education reports that IRBs at both NYU and the University of New Mexico are investigating the conduct of Professor Geoffrey Miller, now notorious for a June 2 tweet warning "obese PhD applicants" that "if you didn't have the willpower to stop eating carbs, you won't have the willpower to do a dissertation."

According to the Chronicle, Miller "explained his action to university officials in New Mexico by saying he had sent the Twitter message as part of a research project." (In proper troll-speak, one says "social experiment.") But Miller also maintains that "IRB approval was not necessary under his own understanding of federal law."

[Basken, Paul. “In Reversal, NYU Investigates Professor Who Tweeted on Obese Ph.D. Students.” The Chronicle of Higher Education, June 11, 2013.]

SACHRP: Exempt Research May "Be Subject to IRB Review"

As reported by Erica Check Hayden in Nature, at its March meeting, SACHRP endorsed "Considerations and Recommendations Concerning Internet Research and Human Subjects Research Regulations, with Revisions," prepared by Elizabeth Buchanan and Dean Gallant. The guidance offers some common sense, but it struggles with the legacy of the poorly drafted Common Rule. And it threatens to make matters worse by suggesting that some exempt research may "be subject to IRB review."

First Circuit Denies UK Access to Most Boston College Tapes

The US Court of Appeals for the First Circuit has ruled that Boston College need hand over only 11 of the 85 oral history interviews sought by United Kingdom investigators. The Boston Globe, Chronicle of Higher Education, and Inside Higher Ed see this as mostly a win for Boston College.

[Andersen, Travis. “Major Victory for BC in Court Battle over Belfast Project.” Boston Globe, June 1, 2013.]

More complete coverage can be found at Boston College Subpoena News.