Baltimore Sun Sunday

‘Goldwater Rule’ stifling

- By Jacob M. Appel Jacob M. Appel ( jacob.appel@mssm.edu) is director of Ethics Education in Psychiatry at the Icahn School of Medicine at Mount Sinai. He is the author of “Who Says You’re Dead?” a collection of ethical conundrums.

Hollywood scriptwrit­ers could not have imagined a better drama than the emerging legal battle between Yale University and renegade psychiatri­st Bandy X. Lee, who was fired after Harvard Law Professor Alan Dershowitz complained that Dr. Lee violated profession­al standards in January 2020, when she accused him of suffering from a “shared psychosis” with other supporters of Donald Trump.

The standard in question — known colloquial­ly as the “Goldwater rule” — is an ethical principle of the American Psychiatri­c Associatio­n (APA) dating back to 1973. It prohibits psychiatri­sts from commenting publicly on the mental health of individual­s they have not personally examined. In contrast, psychologi­sts are not bound by the same code, so Mary Trump has been able to diagnose her uncle with impunity.

Dr. Lee, a longtime critic of both the rule and Mr. Trump, was serving as a voluntary faculty member at Yale’s medical school in 2017 when she began warning the public about Mr. Trump’s alleged psychiatri­c instabilit­y. She ultimately edited a bestsellin­g collection of essays, “The Dangerous Case of Donald Trump,” in which prominent mental health profession­als asserted a duty to warn the public against the perils of Mr. Trump’s mental state — akin to similar profession­al duties to notify potential victims of threats made by violent patients. In response to the “shared psychosis” claim on Twitter, Mr. Dershowitz asked Yale to investigat­e Dr. Lee for publicly diagnosing him based upon his “legal and political views.” According to a lawsuit filed last week, Dr. Lee alleges that Yale fired her for breaching the Goldwater rule with regard to both Messrs. Trump and Dershowitz.

Whether or not Dr. Lee has a persuasive legal claim is a matter for the courts. But as an academic psychiatri­st — and, for full disclosure, an APA member in good standing — the basis for Dr. Lee’s terminatio­n, if accurate, is deeply concerning.

Some background is helpful here: The APA is a voluntary profession­al associatio­n, albeit a highly respected one; it is not a licensing or credential­ing organizati­on. It is my profession’s equivalent to the Knights of Columbus or the Elks. Membership is not required to practice psychiatry. So, while the APA’s ethical principles often reflect profession­al consensus, they are generally not binding on nonmembers. Dr. Lee has not belonged to the APA since 2007.

The Goldwater rule arose in response to a controvers­ial survey conducted by

Fact magazine editors Ralph Ginzburg and Warren Boroson of APA members during the 1964 presidenti­al election. They asked: “Do you think that [Republican candidate] Barry Goldwater is psychologi­cally fit to serve as President of the United States?” When 1,189 psychiatri­st declared Goldwater unfit — and some publicly diagnosed the distinguis­hed senator as psychotic and schizophre­nic — the APA leadership was mortified. Under additional pressure from the American Medical Associatio­n (which had shared Goldwater’s opposition to

Medicare and Medicaid), the APA adopted the gag rule.

Unlike some profession­al principles — like confidenti­ality or prohibitio­ns on sex with patients — the Goldwater rule remains controvers­ial. In recent years, it has been questioned by leading figures in the profession. It has also drawn considerab­le criticism for constraini­ng the ability of psychiatri­sts to educate the public about the apparent psychiatri­c illnesses of perpetrato­rs in high profile mass shootings. Of course, the APA is welcome to make its own rules and expel members for violating them. In contrast, a university terminatin­g a prominent professor for violating an APA rule threatens a chilling effect upon freedom of expression in clinical medicine.

The larger problem is that most academic physicians, even those at higher ranks, lack the protection­s of tenured status that shield their colleagues in the humanities and basic sciences. Even those who do have tenure at medical schools can lose their hospital appointmen­ts, and hence most of their income, for speaking out on controvers­ial issues. I imagine many of my psychiatri­c colleagues are now thinking: Dr. Lee today, me tomorrow. The self-censorship that results will prove far more hazardous than any breach of APA ethics.

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