After challenging a California bill that gave the state’s medical board the power to revoke the licenses of any medical professional that disseminates what it deems to be COVID-19 “misinformation or disinformation,” Los Angeles-based child psychiatrist Dr. Mark McDonald says he is “a bit disappointed” that Governor Gavin Newsom (D – Calif.) quietly overturned the legislation last week.
Under AB 2098, California’s state medical board was given the power to revoke any medical professional’s license if they “disseminate misinformation or disinformation related to COVID-19, including false or misleading information regarding the nature and risks of the virus, its prevention and treatment; and the development, safety, and effectiveness of COVID-19 vaccine.”
Shortly after it was signed into law, Dr. McDonald and primary care physician Dr. Jeff Barke, along with the Liberty Justice Center (LJC), filed a lawsuit against the governor’s administration, arguing that the law violates their First Amendment rights.
“Obviously, I am delighted that we will no longer be threatened with license suspension for speaking to our patients honestly,” McDonald told Fox News Digital. “This was essentially a gag order that was placed by the court against the rights of a professional class of people, physicians here in California.”
“But I’m also a bit disappointed,” he admitted.
(Video: Fox News Digital)
In July, the case was argued before the 9th Circuit court, and McDonald believed it was “leaning” in their favor.
“It was very clear that they were siding and leaning towards our side in their ruling,” he said. “And now we don’t have a ruling and we may not get one because the law is now going to be repealed as of January 1st, 2024.”
“I’m still hoping, though, that there will be a ruling,” he added, “because it would be wonderful to have a legal precedent to stop this from happening again.”
While the three justices didn’t have any questions for the LJC attorneys, they grilled the state’s defense lawyers, voicing many of the same concerns the LJC highlighted, according to Fox News Digital.
LJC counsel Jacob Huebert called it an “icy reception” for the state and theorized that California concluded it would be better to repeal the law rather than receive “a court decision telling them that they violated the Constitution and telling them not to do it again.”
However, without that ruling, McDonald fears AB 2098 will simply be swapped for another equally restrictive law.
“It’s very easy for the state to simply go back and put another law in place next year when things quiet down or for other states to do that,” he explained. “And our goal ultimately was to have a national ruling, a Supreme Court ruling that would invalidate any of these laws, the speech codes from going into effect not just for doctors but also for attorneys.”
As BizPac Review reported, in January, the New Civil Liberties Alliance (NCLA) represented five physicians who alleged the bill violated their First Amendment rights and constitutional right to due process.
Cali. judge blocks Newsom’s physician-punishing COVID ‘misinformation’ law in win for ‘medical freedom’ https://t.co/jIgYyuNpqy pic.twitter.com/EWESAQGqV4
— BPR (@BIZPACReview) January 27, 2023
As a result of that lawsuit, a federal judge granted the doctors’ request for a preliminary injunction against AB 2098.
According to Fox News Digital, “The NCLA agreed the state quietly shelved the law to avoid suffering ‘further humiliation in federal court.'”
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Melissa Fine is the former executive editor of Casino Player, Strictly Slots, and Poker
Digest magazines. She is a UCLA graduate, news junkie, and dedicated Stargate SG-
1 fan. Melissa currently lives with her dog and two cats in a tiny town in the Sierra
Nevada foothills.
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