IRBs and Free Speech

I don't know how long this link will remain up, but "Threat Seen to Oral History," from last week's Chronicle.com provoked an interesting response from Ohio University's Joseph Bernt. Here's a snippet:

Moreover, there is that pesky often disrespected 1st Amendment right of free speech, which I assume gives me the right to ask questions as well as make statements and gives my “subjects” or sources the right to offer their views or not.

Bernt is not alone in asserting that IRBs and the ol' 1A are in conflict. A former boss of mine would refuse to deal with the university IRB on just those grounds. Why would a journalism professor or journalism student ask permission to ask questions?

What sort of example would that professor be setting ("Oh, I just need to ask 'Mother, may I' before I can conduct an interview")? Isn't there some problem with journalists kow-towing to authority already?

Just something to think about. Go JB!