Court Slaps Down California’s Attempt To Muzzle Doctors Who Dissent From Covid Groupthink

A federal judge halted California’s attempt to censor doctors when, last Wednesday, the court enjoined the state statute that banned medical professionals from spreading purported “misinformation” or “disinformation” They should inform their patients about Covid-19. This is the latest victory against the authoritarian dictates that followed the pandemic’s outbreak three years ago and still hold true today.

California Gov. Gavin Newsom was signed into law Assembly Bill 2098 (AB 2098), adding a new provision to California’s extensive regulations governing the professional and ethical conduct of physicians — regulations It bans practices that include human cloning and performing a pelvic examination on an unconscious or anesthetized woman patient without her consent.

This new statute attempted to stop the legislative’s “abuse of power”. “pernicious” threat to public health — doctOrs who spread “misinformation” or “disinformation” To their patients about Covid-19. Specifically, AB 2098 includes:

It is unprofessional conduct to disseminate information or disinformation regarding COVID-19. This includes false or misleading information about the virus’ nature and risk, prevention and treatment, as well the development, safety and effectiveness COVID-19 vaccines.

California law defines “disinformation” As “misinformation the [physician] deliberately disseminated with malicious intent or an intent to mislead,” While “misinformation” It is “false information that is contradicted by contemporary scientific consensus contrary to the standard of care.”

California’s legislature passed multiple laws to implement the law. “findings,” Including facts provided by the Centers for Disease Control and Prevention. The legislature also concluded that “the spread of misinformation and disinformation about COVID-19 vaccines has weakened public confidence and placed lives at serious risk” That and more “major news outlets have reported that some of the most dangerous propagators of inaccurate information regarding the COVID-19 vaccines are licensed health care professionals.”  

Soon after Newsom signed AB 2098 a number of doctors and organizations representing them filed suit in California federal court. The plaintiffs in Høeg, et al. v. Newsom, et al. They argued that the statute violated their First Amendment rights of free speech and their constitutional right for due process. Plaintiffs in Høeg then filed a motion for a preliminary injunction, seeking to prevent the state from enforcing AB 2098 until the resolution of the doctors’ constitutional challenges.

George H.W. Bush appointee, William Shubb was the presidency judge. Bush appointee, granted motion and entered injunction prohibiting California from enforcing law.  

Shubb first ruled that plaintiffs had “standing” Or the right to sue, because if the law was allowed to take effect, doctors would face an actual injury in the form disciplinary action. The court then held that the plaintiffs were likely to succeed on the merits of their due process claim — “likelihood of success on the merits” is the controlling stAndard at the preliminary injunction stage — because the terms “misinformation” and