Claudia E. Haupt
Professor of Law and Political Science
Education
University of Cologne, PhD 2008
George Washington University Law School, LLM 2009
Columbia Law School, JSD 2017
Bio
Professor of Law and Political Science Claudia E. Haupt teaches a range of constitutional law courses at Northeastern both in the School of Law and the Department of Political Science, College of Social Sciences and Humanities. In Fall 2023, she also teaches public health law as a Visiting Professor of Law at Yale Law School. A First Amendment scholar whose current work is situated at the intersection of free speech, health, and technology, Professor Haupt has published extensively on professional speech. Her further interests include comparative constitutional law and law and technology with a research focus on online speech.
Prior to joining the Northeastern faculty in 2018, Professor Haupt was a resident fellow with the Information Society Project at Yale Law School, where she continues to be an affiliate fellow, and a research fellow with the Solomon Center for Health Law and Policy at Yale Law School. She has also held an appointment as associate-in-law at Columbia Law School and, prior to that, taught at George Washington University Law School.
Before entering academia, Professor Haupt clerked at the Regional Court of Appeals of Cologne and practiced law at the Cologne office of the law firm of Graf von Westphalen, with a focus in information technology law. She is admitted to practice in Germany and New York. She holds a PhD in political science from the University of Cologne, a JSD from Columbia Law School, an LLM (with highest honors) from George Washington University and her first law degree from the University of Cologne.
Professor Haupt has published numerous articles in law reviews including the Yale Law Journal, Vanderbilt Law Review, Washington University Law Review, Boston University Law Review and University of Pennsylvania Journal of Constitutional Law, among others, and in medical journals including the Journal of the American Medical Association and the AMA Journal of Ethics, among others. Her book, Religion-State Relations in the United States and Germany: The Quest for Neutrality, was published by Cambridge University Press in 2012.
Fields of Expertise
- Civil Liberties
- Comparative Constitutional Law
- Constitutional Law
- First Amendment
- Health Law and Policy
- Law and Religion
- Law and Technology
- Torts
Selected Works
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- Religion-State Relations in the United States and Germany (Cambridge University Press, 2012).
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- “AI Chatbots, Health Privacy, and Challenges to HIPAA Compliance,” Journal of the American Medical Association (co-author) (July 6, 2023).
- “PseudoProfessional Advice,” 103 Boston University Law Review (forthcoming 2023).
- “AI-Generated Medical Advice—GPT and Beyond,” 329 Journal of the American Medical Association 1349 (2023).
- “The Limits of Defining Identity in Religion-Gender Conflicts: A Response to Patrick Parkinson” 38 Journal of Law and Religion (forthcoming 2023).
- “Holding Clinicians in Public Office Accountable to Professional Standards” 25 AMA Journal of Ethics 194 (2023)(co-author).
- “Lethal Lies: Government Speech, Distorted Science, and the First Amendment,” 2022 University of Illinois Law Review 1809 (2022) (co-author).
- “Assuming Access to Professional Advice,” 49 The Journal of Law, Medicine & Ethics 531 (2021)
- “Regulating Speech Online: Free Speech Values in Constitutional Frames,” 99 Washington University Law Review 751 (2021).
- “Public Health Originalism and the First Amendment,” 78 Washington & Lee Law Review 231 (2021) (co-author).
- “Platforms as Trustees: Information Fiduciaries and the Value of Analogy,” 134 Harvard Law Review Forum 34 (2020).
- “Who Celebrates What? A Response to Professor Levinson,” 12 Northeastern University Law Review 401 (2020).
- “Which Legal Approaches Help Limit Harms to Patients from Clinicians' Conscience-Based Refusals?,” 22 AMA Journal of Ethics 209 (2020) (co-author).
- “Licensing Knowledge,” 72 Vanderbilt Law Review 501 (2019).
- “Governing A.I.'s Professional Advice,” (Symposium) 64 McGill Law Journal 665 (2019).
- “Artificial Professional Advice,” (Symposium) 18 Yale Journal of Health Policy, Law, and Ethics 55 / 21 Yale Journal of Law and Technology 55 (2019)
- “Sex and the First Amendment Through the Lens of Professional Speech,” (Symposium) 17 First Amendment Law Review 186 (2019).
- “The Limits of Professional Speech,” 128 Yale Law Journal Forum 185 (2018).
- “The Role of Civil Commitment in the Opioid Crisis,” 46 The Journal of Law, Medicine & Ethics 343 (2018) (co-author).
- “Physician Autonomy and the Opioid Crisis,” 46 The Journal of Law, Medicine & Ethics 203 (2018) (co-author).
- “Professional Speech and the Content-Neutrality Trap,” 127 Yale Law Journal Forum 150 (2017).
- “Unprofessional Advice,” 19 University of Pennsylvania Journal of Constitutional Law 671 (2017).
- “Antidiscrimination in the Legal Profession and the First Amendment: A Partial Defense of Model Rule 8.4(g),” 19 University of Pennsylvania Journal of Constitutional Law Online (2017).
- “Professional Speech,” 125 Yale Law Journal 1238 (2016).
- “Professional Ethics, Personal Conscience, and Public Expectations,” 27 Journal of Clinical Ethics 233 (2016).
- “Active Symbols,” 55 Boston College Law Review 821 (2014).
- “Transnational Nonestablishment,” 80 George Washington Law Review 991 (2012).
- “Mixed Public-Private Speech and the Establishment Clause,” 85 Tulane Law Review 571 (2011).
- “Information Technology meets Healthcare: The Present and Future of e-Health Initiatives in Germany and Europe,” 12 DePaul Journal of Health Care Law 105 (2009) (co-author).
- “The Scope of Democratic Public Discourse: Defending Democracy, Tolerating Intolerance, and the Problem of Neo-Nazi Demonstrations in Germany,” 20 Florida Journal of International Law 169 (2008).
- “Free Exercise of Religion and Animal Protection: A Comparative Perspective on Ritual Slaughter,” 39 George Washington International Law Review 839 (2007).
- “Regulating Hate Speech—Damned If You Do and Damned If You Don’t: Lessons Learned from Comparing the German and U.S. Approaches,” 23 Boston University International Law Review 299 (2005).
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- “Religious Outliers: Professional Knowledge Communities, Individual Conscience Claims, and the Availability of Professional Services to the Public,” in Law, Religion, and Health in the United States, eds. H.F. Lynch, I.G. Cohen and E. Sepper (Cambridge University Press 2017).
- “Transnational Nonestablishment (Redux),” in Religion, Secularism, and Constitutional Democracy, eds. J.L. Cohen and C. Laborde (Columbia University Press 2016).
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- “Professor Claudia Haupt’s Scholarship is Cited by the Second Circuit Court of Appeals,” Northeastern Law News Announcement (May 31, 2023).
- Panel Recording: CPDP Panel Recording: Duties of Data Loyalty and the Future of Data Protection (May 2023).
- “Fight Over Doctors’ Speech Moves From Clinics to Courts,” Law360 Pulse (January 31, 2023).
- “So Far, Elon Musk’s Twitter Files Amount to ‘a Tempest in a Teapot,’ Expert Says,” News@Northeastern (December 7, 2022).
- “The Dr. Oz Paradox,” Bill of Health (September 21, 2022).
- “Laws Bar Protest Outside Judges' Homes, But Are They Valid?,” Law360 Pulse (July 12, 2022).
- “Is the Supreme Court Doing Away With the Separation of Church and State?,” News@Northeastern (July 1, 2022).
- “Should the Public Be Allowed to Protest Outside of Supreme Court Justices’s Homes?,” News@Northeastern (May 12, 2022).
- “Florida Wants to Strip Disney World of Its Special Status. Does It Violate First Amendment Rights?,” News@Northeastern (May 2, 2022).
- “Covid-19 Misinformation Tests Doctors’ Free Speech Rights,” Bloomberg Law (March 4, 2022).
- “Transgender Kids Care Law Tests Arkansas Doctors’ Speech Rights,” Bloomberg Law (February 24, 2022).
- “New Context, Enduring Questions: Online Speech Regulation,” ASCL Blog (January 20, 2022).
- “Is YouTube Violating the First Amendment by Taking Down Anti-Vaccine Videos?,” news@Northeastern (October 1, 2021).
- “Local Expert Says Trump Social Media Ban Does Not Infringe on First Amendment Rights,” 7 News Boston (January 13, 2021).
- “Twitter and Facebook Have the Right to Ban Trump’s Accounts. But That Won’t Stop the Violent Rhetoric,” News@Northeastern (January 11, 2021).
- “When Health Advice Is Hard to Come by, BIPOC Suffer the Consequences,” Bill of Health Blog (October 6, 2020).
- “Podcast: “Religious Freedom Restoration Act,” The Week in Health Law (May 28, 2020).
- Video: “Can Online Speech Be Regulated?,” German Law Journal Lecture (January 15, 2020).
- “Why Don't Truth In Advertising Laws Apply To Political Ads?,” WGBH News (November 6, 2019).
- “First Amendment Fundamentalism and Doctrinal Disarray,” Balkinization Blog (October 12, 2019).
- “Analysis: Ama’s Lawsuit Seeks to Protect Patient-Physician Relationships, Free Speech,” Healio (July 10, 2019).
- “Who Gets to Give Dietary Advice? Health Coach Fights Law,” AP News (May 30, 2019).
- Podcast: “Claudia Haupt on Professional Speech,” Ipse Dixit (April 18, 2019).
- Podcast: “Promises and Perils,” The Week in Health Law (April 17, 2019).
- “Judge Says Tampa Conversion Therapy Ban Violates First Amendment Free Speech Rights,” The Washington Post (February 1, 2019).
- “The Algorithm Will See You Now,” Balkinization (October 26, 2018).
- Video: “Online Speech Regulation: A Comparative Perspective,” Data & Society Research Institute (July 25, 2018).
- “AI in the Doctor-Patient Relationship: Identifying Some Legal Questions We Should Be Asking,” Data & Society Points (June 19, 2018).
- “Supreme Court to hear case on California’s FACT Act,” The Washington Times (March 15, 2018).
- “Giving Professional Advice,” The Huffington Post (September 3, 2016).
- “All of the Arguments Dr. Oz Made Against His Critics Were Wrong,” Vox (April 23, 2015).
- “When the State Tells Professionals What They Can Say,”San Francisco Daily Journal (November 6, 2014).
- “Speaking Professionally,” The Huffington Post (September 9, 2014),
Claudia E. Haupt
Professor of Law and Political Science