Are Illiberal Acts Unethical? APA’s Ethics Code and the Protection of Free Speech

O'Donohue, W., & Fisher, J. E. (2022). 

American Psychologist, 77(8), 875–886.

https://doi.org/10.1037/amp0000995

Abstract

The American Psychological Association’s (APA’s) Ethical Principles of Psychologists and Code of Conduct (American Psychological Association, 2017b; hereinafter referred to as the Ethics Code) does not contain an enforceable standard regarding psychologists’ role in either honoring or protecting the free speech of others, or ensuring that their own free speech is protected, including an important corollary of free speech, the protection of academic freedom. Illiberal acts illegitimately restrict civil liberties. We argue that the ethics of illiberal acts have not been adequately scrutinized in the Ethics Code. Psychologists require free speech to properly enact their roles as scientists as well as professionals who wish to advocate for their clients and students to enhance social justice. This article delineates criteria for what ought to be included in the Ethics Code, argues that ethical issues regarding the protection of free speech rights meet these criteria, and proposes language to be added to the Ethics Code.

Impact Statement

Freedom of speech is a fundamental civil right and currently has come under threat. Psychologists can only perform their duties as scientists, educators, or practitioners if they are not censored or fear censorship. The American Psychological Association’s (APA’s) Ethics Code contains no enforceable ethical standard to protect freedom of speech for psychologists. This article examines the ethics of free speech and argues for amending the APA Ethics Code to more clearly delineate psychologists’ rights and duties regarding free speech. This article argues that such protection is an ethical matter and for specific language to be included in the Ethics Code.

Conclusions

Free speech is central not only within the political sphere but also for the proper functioning of scholars and educators. Unfortunately, the ethics of free speech are not properly explicated in the current version of the American Psychological Association’s Ethics Code and this is particularly concerning given data that indicate a waning appreciation and protection of free speech in a variety of contexts. This article argues for fulsome protection of free speech rights by the inclusion of a clear and well-articulated statement in the Ethics Code of the psychologist’s duties related to free speech. Psychologists are committed to social justice and there can be no social justice without free speech.

A pdf is paywalled here.

Gina Haspel Observed Waterboarding at CIA Black Site, Psychologist Testifies

Carol Rosenberg and J. E. Barnes

The New York Times

Originally posted 4 JUN 22

During Gina Haspel’s confirmation hearing to become director of the CIA in 2018, Sen. Dianne Feinstein, D-Calif., asked her if she had overseen the interrogations of a Saudi prisoner, Abd al-Rahim al-Nashiri, which included the use of a waterboard.

Haspel declined to answer, saying it was part of her classified career.

While there has been reporting about her oversight of a CIA black site in Thailand where al-Nashiri was waterboarded, and where Haspel wrote or authorized memos about his torture, the precise details of her work as the chief of base, the CIA officer who oversaw the prison, have been shrouded in official secrecy.

But testimony at a hearing last month in Guantánamo Bay, Cuba, included a revelation about the former CIA director’s long and secretive career. James E. Mitchell, a psychologist who helped develop the agency’s interrogation program, testified that the chief of base at the time, whom he referred to as Z9A in accordance with court rules, watched while he and a teammate subjected al-Nashiri to “enhanced interrogation” that included waterboarding at the black site.

Z9A is the code name used in court for Haspel.

The CIA has never acknowledged Haspel’s work at the black site, and the use of the code name represented the court’s acceptance of an agency policy of not acknowledging state secrets — even those that have already been spilled. Former officials long ago revealed that she ran the black site in Thailand from October 2002 until December 2002, during the time al-Nashiri was being tortured, which Mitchell described in his testimony.

Guantánamo Bay is one of the few places where America is still wrestling with the legacy of torture in the aftermath of the Sept. 11, 2001, attacks. Torture has loomed over the pretrial phase of the death penalty cases for years and is likely to continue to do so as hearings resume over the summer.

The info is here.

What predicts suicidality among psychologists? An examination of risk and resilience

S. Zuckerman, O. R. Lightsey Jr. & J. White

Death Studies (2022)

DOI: 10.1080/07481187.2022.2042753

Abstract

Psychologists may have a uniquely high risk for suicide. We examined whether, among 172 psychologists, factors predicting suicide risk among the general population (e.g., gender and mental illness), occupational factors (e.g., burnout and secondary traumatic stress), and past trauma predicted suicidality. We also tested whether resilience and meaning in life were negatively related to suicidality and whether resilience buffered relationships between risk factors and suicidality. Family history of mental illness, number of traumas, and lifetime depression/anxiety predicted higher suicidality, whereas resilience predicted lower suicidality. At higher levels of resilience, the relationship between family history of suicide and suicidality was stronger.

From the Discussion section:

Contrary to hypotheses, however, resilience did not consistently buffer the relationship between vulnerability factors and suicidality. Indeed, resilience appeared to strengthen the relationships between having a family history of suicide and suicidality. It is plausible that psychologists may overestimate their resilience or believe that they “should” be resilient given their training or their helping role (paralleling burnout-related themes identified in the culture of medicine, “show no weakness” and “patients come first;” see Williams et al., 2020, p. 820). Similarly, persons who believe that they are generally resilient may be demoralized by their inability to prevent family history of suicide from negatively affecting them, and this demoralization may result in family history of suicide being a particularly strong predictor among these individuals. Alternatively, this result could stem from the BRS, which may not measure components of resilience that protect against suicidality, or it could be an artifact of small sample size and low power for detecting moderation (Frazier et al., 2004). Of course, interaction terms are symmetric, and the resilience x family history of suicide interaction can also be interpreted to mean that family history of suicide strengthens the relationship between resilience and suicidality: When there is a family history of suicide, resilience has a positive relationship with suicidality whereas, when there is no family history of suicide, resilience has a negative relationship with suicidality.

The research is here.

Personal Therapy and Self-Care in the Making of Psychologists

Jake S. Ziede & John C. Norcross (2020)
The Journal of Psychology
DOI: 10.1080/00223980.2020.1757596

Abstract

Psychologists are skilled in assessing, researching, and treating patients’ distress, but frequently experience difficulty in applying these talents to themselves. The authors offer 13 research-supported and theoretically neutral self-care strategies catered to psychologists and those in training: valuing the person of the psychologist, refocusing on the rewards, recognizing the hazards, minding the body, nurturing relationships, setting boundaries, restructuring cognitions, sustaining healthy escapes, maintaining mindfulness, creating a flourishing environment, cultivating spirituality and mission, fostering creativity and growth, and profiting from personal therapy. The latter deserves special emphasis in the making of health care psychologists. These strategies are recommended both during training and throughout the career span. Recommendations are offered for enhancing and publicizing systems of self-care throughout the profession.

The article is here.

Psychologist Who Waterboarded for C.I.A. to Testify at Guantánamo

Carol Rosenberg
The New York Times
Originally posted 20 Jan 20

Here is an excerpt:

Mr. Mohammed’s co-defendants were subject to violence, sleep deprivation, dietary manipulation and rectal abuse in the prison network from 2002, when the first of them, Ramzi bin al-Shibh was captured, to 2006, when all five were transferred to the prison at Guantánamo Bay. They will also be present in the courtroom.

In the black sites, the defendants were kept in solitary confinement, often nude, at times confined to a cramped box in the fetal position, hung by their wrists in painful positions and slammed head first into walls. Those techniques, approved by George W. Bush administration lawyers, were part of a desperate effort to force them to divulge Al Qaeda’s secrets — like the location of Osama bin Laden and whether there were terrorist sleeper cells deployed to carry out more attacks.

A subsequent internal study by the C.I.A. found proponents inflated the intelligence value of those interrogations.

The psychologists were called by lawyers to testify for one of the defendants, Mr. Mohammed’s nephew, Ammar al-Baluchi. All five defense teams are expected to question them about policy and for graphic details of conditions in the clandestine overseas prisons, including one in Thailand that for a time was run by Gina Haspel, now the C.I.A. director.

Mr. al-Baluchi’s lawyer, James G. Connell III, is spearheading an effort to persuade the judge to exclude from the trial the testimony of F.B.I. agents who questioned the defendants at Guantánamo in 2007. It was just months after their transfer there from years in C.I.A. prisons, and the defense lawyers argue that, although there was no overt violence during the F.B.I. interrogations, the defendants were so thoroughly broken in the black sites that they were powerless to do anything but tell the F.B.I. agents what they wanted to hear.

By law, prosecutors can use voluntary confessions only at the military commissions at Guantánamo.

The info is here.

Psychologists Mitchell and Jessen called to testify about ‘torture’ techniques in 9/11 tribunals

Thomas Clouse
www.spokesman.com
Originally posted May 20, 2019

Two Spokane psychologists who devised the “enhanced interrogation” techniques that a federal judge later said constituted torture could testify publicly for the first time at a military tribunal at Guantanamo Bay, Cuba, that is trying five men charged with helping to plan and assist in the 9/11 attacks.

James E. Mitchell and John “Bruce” Jessen are among a dozen government-approved witnesses for the defense at the military tribunal. Mitchell and Jessen’s company was paid about $81 million by the CIA for providing and sometimes carrying out the interrogation techniques, which included waterboarding, during the early days of the post 9/11 war on terror.

“This will be the first time Dr. Mitchell and Dr. Jessen will have to testify in a criminal proceeding about the torture program they implemented,” said James Connell, a lawyer for Ammar al Baluchi, one of the five Guantanamo prisoners.

Both Mitchell and Jessen were deposed but were never forced to testify as part of a civil suit filed in 2015 in Spokane by the ACLU on behalf of three former CIA prisoners, Gul Rahman, Suleiman Abdullah Salim and Mohamed Ahmed Ben Soud.

According to court records, Rahman was interrogated in a dungeon-like Afghanistan prison in isolation, subjected to darkness and extreme cold water, and eventually died of hypothermia. The other two men are now free.

The U.S. government settled that civil suit in August 2017 just weeks before it was scheduled for trial in Spokane before U.S. District Court Judge Justin Quackenbush.

The info is here.

Court awards $1.5 million to Anniston couple who lost custody of child

Tim Lockette
The Anniston Star
Originally posted December 13, 2018

A Calhoun County jury ordered a psychologist to pay $1.5 million in damages to a couple who lost custody of their child following the psychologist’s evaluation of them.

John and Farrah Lynn were Anniston residents in 2014, when the Department of Human Resources placed their infant son Oliver in foster care. Oliver Lynn, who had been born with a birth defect, died a little more than a month later.

“Everybody, even DHR, said there was nothing wrong with this family,” said the couple’s lawyer, George Monk. “Only the psychologist objected.”

According to court documents, Oliver Lynn’s birth defect required surgery at Children’s Hospital in Birmingham. The hospital contacted DHR before the infant was released back to the Lynns, setting up an in-home visit to determine whether the Lynns were able to care for the child while he was recovering from surgery.

Social workers found no problem at the Lynns’ Anniston home, Monk said, but did request a psychological assessment of both parents. Dennis Sizelove, a clinical psychologist and owner of Faith-Based Psychological Associates in Sheffield, examined both John and Farrah Lynn.

Sizelove recommended removing the child from the home, citing “occupational, social, and emotional functioning” that put the infant at risk of harm. Sizelove also noted a “self-reported inability to read” on behalf of both the parents.

The info is here.

Psychologists Are Standing Up Against Torture at Gitmo

Rebecca Gordon
theNation.com
Originally posted September 11, 2018

Sometimes the good guys do win. That’s what happened on August 8 in San Francisco when the Council of Representatives of the American Psychological Association (APA) decided to extend a policy keeping its members out of the US detention center at Guantánamo Bay, Cuba.

The APA’s decision is important—and not just symbolically. Today we have a president who has promised to bring back torture and “load up” Guantánamo “with some bad dudes.” When healing professionals refuse to work there, they are standing up for human rights and against torture.

It wasn’t always so. In the early days of Guantánamo, military psychologists contributed to detainee interrogations there. It was for Guantánamo that Defense Secretary Donald Rumsfeld approved multiple torture methods, including among others excruciating stress positions, prolonged isolation, sensory deprivation, and enforced nudity. Military psychologists advised on which techniques would take advantage of the weaknesses of individual detainees. And it was two psychologists, one an APA member, who designed the CIA’s whole “enhanced interrogation program.”

The info is here.

St. Cloud psychologist gets 3-plus years for sex with client

Nora G. Hertel
Saint Cloud Times 
Originally published June 14, 2018

Psychologist Eric Felsch will spend more than three years in prison for having sex with a patient in 2011.

Stearns County Judge Andrew Pearson sentenced Felsch Thursday to 41 months in prison for third-degree criminal sexual conduct, a felony. He pleaded guilty to the charge in April.

Felsch, 46, has a St. Cloud address.

It is against Minnesota law for a psychotherapist to have sex with a patient during or outside of a therapy session. A defendant facing that charge cannot defend himself by saying the victim consented to the sexual activity.

Sex with clients is also against ethical codes taught to psychologists.

The information is here.

A psychologist in Pennsylvania can face criminal charges for engaging in sexual relationships with a current patient.

A Systematic Review and Meta‐Synthesis of Qualitative Research Into Mandatory Personal Psychotherapy During Training

David Murphy, Nisha Irfan, Harriet Barnett, Emma Castledine, & Lily Enescu
Counseling and Psychotherapy Research
First published February 23, 2018

Abstract

Background
This study addresses the thorny issue of mandatory personal psychotherapy within counselling and psychotherapy training. It is expensive, emotionally demanding and time‐consuming. Nevertheless, proponents argue that it is essential in protecting the public and keeping clients safe; to ensure psychotherapists develop high levels of self‐awareness and gain knowledge of interpersonal dynamics; and that it enhances therapist effectiveness. Existing evidence about these potential benefits is equivocal and is largely reliant on small‐scale qualitative studies.

Method
We carried out a systematic review of literature searched within five major databases. The search identified 16 published qualitative research studies on the topic of mandatory personal psychotherapy that matched the inclusion criteria. All studies were rated for quality. The findings from individual studies were thematically analysed through a process of meta‐synthesis.

Results
Meta‐synthesis showed studies on mandatory psychotherapy had reported both positive and hindering factors in almost equal number. Six main themes were identified: three positive and three negative. Positive findings were related to personal and professional development, experiential learning and therapeutic benefits. Negative findings related to ethical imperatives do no harm, justice and integrity.

Conclusion
When mandatory personal psychotherapy is used within a training programme, courses must consider carefully and put ethical issues at the forefront of decision‐making. Additionally, the requirement of mandatory psychotherapy should be positioned and identified as an experiential pedagogical device rather than fulfilling a curative function. Recommendations for further research are made.

The research is here.

Making a Thinking Machine

Leah Winerman
The Monitor on Psychology - April 2018

Here is an excerpt:

A 'Top Down' Approach

Now, psychologists and AI researchers are looking to insights from cognitive and developmental psychology to address these limitations and to capture aspects of human thinking that deep neural networks can’t yet simulate, such as curiosity and creativity.

This more “top-down” approach to AI relies less on identifying patterns in data, and instead on figuring out mathematical ways to describe the rules that govern human cognition. Researchers can then write those rules into the learning algorithms that power the AI system. One promising avenue for this method is called Bayesian modeling, which uses probability to model how people reason and learn about the world. Brenden Lake, PhD, a psychologist and AI researcher at New York University, and his colleagues, for example, have developed a Bayesian AI system that can accomplish a form of one-shot learning. Humans, even children, are very good at this—a child only has to see a pineapple once or twice to understand what the fruit is, pick it out of a basket and maybe draw an example.

Likewise, adults can learn a new character in an unfamiliar language almost immediately.

The article is here.

Bill to Bar LGBTQ Discrimination Stokes New Nebraska Debate

Tess Williams
US News and World Report
Originally published February 22, 2018

A bill that would prevent psychologists from discriminating against patients based on their sexual orientation or gender identity is reviving a nearly decade-old dispute in Nebraska state government.

Sen. Patty Pansing Brooks of Lincoln said Thursday that her bill would adopt the code of conduct from the American Psychiatric Association, which prevents discrimination of protected classes of people, but does not require professionals to treat patients if they lack expertise or it conflicts with their personal beliefs. The professional would have to provide an adequate referral instead.

Pansing Brooks said the bill will likely not become law, but she hopes it will bring attention to the ongoing problem. She said she hopes it will be resolved internally, but if a conclusion is not reached, she plans to call for a hearing later this year and will "not let this issue die."

The state Board of Psychology proposed new regulations in 2008, and the following year, the Department of Health and Human Services sent the changes to the Nebraska Catholic Conference for review. Pansing Brooks said she is unsure why the religious organization was given special review.

The article is here.

Advocacy group raises concerns about psychological evaluations on hundreds of defendants

Keith L. Alexander
The Washington Post
Originally published December 14, 2017

A District employee who has conducted mental evaluations on hundreds of criminal defendants as a forensic psychologist has been removed from that role after concerns surfaced about her educational qualifications, according to city officials.

Officials with the District’s Department of Health said Reston N. Bell was not qualified to conduct the assessments without the help or review of a supervisor. The city said it had mistakenly granted Bell, who was hired in 2016, a license to practice psychology, but this month the license was downgraded to “psychology associate.”

Although Bell has a master’s degree in psychology and a doctorate in education, she does not have a PhD in psychology, which led to the downgrade.

The article is here.

Leadership and Counseling Psychology: Dilemmas, Ambiguities, and Possibilities

Sandra Shullman
The Counseling Psychologist
First published November 28, 2017

Abstract

In this article, I introduce the scientist–practitioner–advocate–leader model as a strategy for addressing the rapidly changing context for psychologists and psychology. The concept of counseling psychologists as learning leaders is derived from the foundations and values of the profession. Incorporating leadership as a core identity for counseling psychologists may create new directions for science and practice as we increasingly integrate multicultural identities, training, and diverse personal backgrounds into social justice initiatives. The article presents six dilemmas faced by counseling psychologists in assuming leadership as part of professional identity, as well as eight learning leader behaviors that counseling psychologists could integrate in their management of ambiguity and uncertainty across various levels of human organization. The article concludes with a discussion of future possibilities that may arise by adopting leadership as part of the role and core identity of counseling psychology.

The article is here.

Inside the CIA's Black Site Torture Room

Larry Siems
The Guardian
Originally posted October 9, 2017

Here is an excerpt:

Jessen, who interrogated Rahman six times over a two-week period, and Mitchell, who met with him once, claimed throughout the lawsuit that they tried to mitigate the harsh conditions of Rahman’s confinement. But cables show it was Jessen who debated whether to subject Rahman to enhanced interrogations techniques with CIA headquarters, and it was Jessen whose advice held sway when he and Zirbel plotted Rahman’s interrogation. “He could tell that [the site manager] was running all of his suggestions through his ‘bullshit filter,’” the investigator notes from his interview with the psychologist, but “Jessen said he was the guy with all the tricks”.

Zirbel accepted Jessen’s suggestion that when Rahman complained that he was cold, he was using a sophisticated al-Qaida resistance technique. When Rahman “claimed inability to think due to conditions (cold),” “complained about poor treatment,” and “complained about the violation of his human rights”, as a cable recorded after one of Jessen’s interrogations, these were evidence, Jessen said, of a “health and welfare” resistance strategy.

The article is here.

Psychologists are facing consequences for helping with torture. It’s not enough.

Roy Eidelson
The Washington Post
Originally posted October 13, 2017

In August, two psychologists, James Mitchell and Bruce Jessen, settled a lawsuit filed by the American Civil Liberties Union on behalf of three former CIA detainees. The psychologists were accused of designing, implementing and overseeing the CIA’s experimental program of torture and abuse (for which their consulting firm received tens of millions of dollars). The evidence against them was compelling: a detailed Senate report, multiple depositions, newly declassified documents and even Mitchell’s memoir . Prior to settling, Mitchell and Jessen denied any legal responsibility, and their attorneys argued their inculpability by comparing them to the low-level technicians whose employers provided lethal gas for Hitler’s extermination camps.

As a psychologist who has spent the past decade working with colleagues and other human rights advocates to reset my profession’s moral compass against torture, I recognize this settlement as an achievement, even if it’s not the damning finding of liability I would have preferred. The case marks the first instance of legal accountability of any kind for psychologists who abandoned ethical standards — and basic decency — while claiming they were merely following government orders on torture. Getting to this point was an uphill battle. And there’s still a long way to go before psychologists’ participation in torture is ended for good.

The article is here.

Gaslighting, betrayal and the boogeyman: Personal reflections on the American Psychological Association, PENS and the involvement of psychologists in torture

Nina Thomas
International Journal of Applied Psychoanalytic Studies

Abstract

The American Psychological Association's (APA's) sanctioning psychologists' involvement in “enhanced interrogations,” aka torture, authorized by the closely parsed re-interpretation of relevant law by the Bush administration, has roiled the association since it appointed a task force in 2005. The Psychological Ethics and National Security (PENS) task force, its composition, methods and outcomes have brought public shame to the profession, the association and its members. Having served on the task force and been involved in the aftermath, I offer reflections on my role to provide an insider's look at the struggle I experienced over loyalty to principle, profession, colleagues, and the association. Situating what occurred in the course of the PENS process and its aftermath within the framework of Freyd's and her collaborators ‘theory of “betrayal trauma,” in particular “institutional trauma,” I suggest that others too share similar feelings of profound betrayal by an organization with which so many of us have been identified over the course of many years. I explore the ways in which attachments have been challenged and undermined by what occurred. Among the questions I have grappled with are: Was I the betrayed or betrayer, or both? How can similar self-reflection usefully be undertaken both by the association itself and other members about their actions or inactions?

The article is here.

What is New In Psychotherapy & Counseling in the Last 10 Years

Sam Knapp and I will be presenting this unique blend of small group learning, research, and lecture.

It has been estimated that the half-life for a professional psychologist is 9 years. Thus, professional psychologists need to work assiduously to keep up to date with the changes in the field. This continuing education program strives to do that by having participants reflect on the most significant changes in the field in the last 10 years. To facilitate this reflection, the presenter offers his update in the psychotherapy and counseling literature in the last 10 years as an opportunity for participants to reflect on and consider their perceptions of the important developments in the field. This focuses on changes in psychotherapy and counseling and does not consider changes in other fields, except as they influence psychotherapy or counseling. There will be considerable participant interaction.

Ethical behaviour of physicians and psychologists: similarities and differences

Ferencz Kaddari M, Koslowsky M, Weingarten MA
Journal of Medical Ethics Published Online First: 18 August 2017.

Abstract

Objective 

To compare the coping patterns of physicians and clinical psychologists when confronted with clinical ethical dilemmas and to explore consistency across different dilemmas.

Population 88 clinical psychologists and 149 family physicians in Israel.

Method 

Six dilemmas representing different ethical domains were selected from the literature. Vignettes were composed for each dilemma, and seven possible behavioural responses for each were proposed, scaled from most to least ethical. The vignettes were presented to both family physicians and clinical psychologists.

Results 

Psychologists’ aggregated mean ethical intention score, as compared with the physicians, was found to be significantly higher (F(6, 232)=22.44, p<0.001, η2=0.37). Psychologists showed higher ethical intent for two dilemmas: issues of payment (they would continue treating a non-paying patient while physicians would not) and dual relationships (they would avoid treating the son of a colleague). In the other four vignettes, psychologists and physicians responded in much the same way. The highest ethical intent scores for both psychologists and physicians were for confidentiality and a colleague's inappropriate practice due to personal problems.

Conclusions 

Responses to the dilemmas by physicians and psychologists can be categorised into two groups: (1) similar behaviours on the part of both professions when confronting dilemmas concerning confidentiality, inappropriate practice due to personal problems, improper professional conduct and academic issues and (2) different behaviours when confronting either payment issues or dual relationships.

The research is here.

CIA Psychologists Settle Torture Case Acknowledging Abuses

Peter Blumberg and Pamela Maclean
Bloomberg News
Originally published August 17, 2017

Two U.S. psychologists who helped design an overseas CIA interrogation program agreed to settle claims they were responsible for the torture of terrorism suspects, according to the American Civil Liberties Union, which brought the case.

The ACLU called the accord “historic” because it’s the first CIA-linked torture case of its kind that wasn’t dismissed, but said in a statement the terms of the settlement are confidential.

The case, which was set for a U.S. trial starting Sept. 5, focused on alleged abuses in the aftermath of the Sept. 11, 2001, attacks at secret “black-site” facilities that operated under President George W. Bush. The lawsuit followed the 2014 release of a congressional report on Central Intelligence Agency interrogation techniques.

The claims against the psychologists, who worked as government contractors, were filed on behalf of two suspected enemy combatants who were later released and a third who died in custody as a result of hypothermia during his captivity. All three men were interrogated at a site in Afghanistan, according to the ACLU.

ACLU lawyer Dror Ladin has said the case was a novel attempt to use the 1789 Alien Tort Claims Act to fix blame on U.S. citizens for human-rights violations committed abroad, unlike previous cases brought against foreigners.

The article is here.