Legal group files suit against new California law barring doctors from discussing what the left deems COVID ‘misinformation’
01/09/2023 // JD Heyes // Views

A noted legal group has filed a lawsuit against the state of California over a law signed by Democratic Gov. Gavin Newsom in September that bans physicians, under penalty of law, from discussing what liberal bureaucrats have deemed COVID-19 "misinformation."

According to the language of the legislation, Assembly Bill 2098 authorizes the Medical Board of California and the Osteopathic Medical Board of California to “designate the dissemination of misinformation of disinformation related to the SARS-CoV-2 coronavirus as unprofessional conduct." In addition, the legislation does not take into consideration the growing body of evidence demonstrating that the mRNA shots can be even minimally harmful or life-threatening.

Two physicians represented by the Liberty Justice Center filed the suit in the U.S. District Court for the Central District of California against the Medical Board of California and the Attorney General of California, according to a report from UncoverDC.

Mark McDonald, MD, a Los Angeles psychiatrist, and Jeff Barke, MD, an Orange County primary care physician, also filed “papers seeking a preliminary injunction to protect their free speech rights as the case unfolds," the outlet quoted a press release from the legal group as saying. Some legal experts believe that the California legislation is a violation of the Constitution's freedom of speech clause under the First Amendment, amounting to what has been described by doctors as a "giant gag order to physicians" which could lead to an exodus of doctors from the Golden State.


"Science is not static. By its very nature science is constantly evolving and the subject of unending debate," the Liberty Justice Center press release continued.

"That was accepted in medical and academic circles prior to the politically driven reactions to COVID-19. However, over the past two years, politicians and public health officials have named themselves the arbiters of 'scientific consensus," the release from the legal organization continued.

"Now, a new California law places even more power in the hands of bureaucrats to determine acceptable medical treatments and advice. Assembly Bill 2098, signed by Governor Gavin Newsom on September 30, 2022, authorizes the Medical Board of California to pursue professional sanctions and even license revocation against doctors who share information about COVID-19 that challenges the 'scientific consensus,'" it added.

The legal group further explained:

Under the terms of the new law, Assembly Bill 2098, the Medical Board is authorized to punish doctors who share “misinformation” with their patients, and then defines “misinformation” as anything that “is contradicted by contemporary scientific consensus.” Of course, throughout the COVID-19 pandemic, the Centers for Disease Control and other public health authorities have constantly shifted their public presentation of the scientific data. Governor Newsom himself closed schools and even outdoor spaces— policies now widely acknowledged as unscientific and harmful. 

Two doctors are standing up against the power grab by California bureaucrats to protect physicians’ free speech rights and to ensure they can advise their patients without interference.

In an interview in October with KUSI, Barke called the legislation "unAmerican and totalitatarianism."

The law "says misinformation means false information that is contradicted by contemporary scientific consensus, contrary to the standard of care. So scientific consensus is what this bill talks about," he told the outlet.

"You know, the reality is there’s no such thing as scientific consensus. Unless, of course, you censor all the doctors that disagree with the government, which is exactly what they’re trying to do. Science is the opposite of consensus. It’s challenging consensus," he added.

Here's hoping their lawsuit is successful -- before California loses doctors it can't afford to lose.

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