The New Censorship: Institutional Review Boards

Abstract

Are federal regulations on Institutional Review Boards - commonly known as IRBs - compatible with the First Amendment? The regulations aim to protect human subjects by creating a system of licensing research. Under this system, universities establish IRBs, and researchers must get the prior permission of an IRB before doing research on human subjects. At first glance, it may seem only appropriate that researchers should get permission before performing research on human beings. The First Amendment, however, prohibits the federal government from imposing a system of licensing speech or the press, and it therefore seems necessary to consider whether the regulations on IRBs are unconstitutional.

Keywords: First Amendment, Censorship, Academic Freedom, Institutional Review Boards, Unconstitutional Conditions

JEL Classification: I18, K10, K32