A California federal judge has just blocked a law which would punish doctors for spreading ‘COVID-19 misinformation’.
Senior U.S. District Judge William Shubb approved a request for a preliminary injunction from Children’s Health Defense-California Chapter to block the law after determining that the defendants in the case provided “no evidence that ‘scientific consensus’ has any established technical meaning.”
Additionally, Shubb shared that the law establishes “no clarity” on what the word “misinformation” actually means.
The lawsuit was filed back on December 1, 2022 by CHD-California Chapter, Dr. LeTrinh Hoang and Physicians for Informed Consent after California Governor Gavin Newsom signed California Assembly Bill 2098 on September 30, 2022.
According to Ab 2098, doctors were barred “from providing ‘treatment or advice’ ‘to a patient’ ‘related to COVID-19’ when that treatment or advice includes (1) ‘false information’ (2) ‘that is contradicted by contemporary scientific consensus’ (3) ‘contrary to the standard of care.’ If a doctor goes against this ill-defined ‘consensus,’ the doctor is guilty of ‘unprofessional conduct’ and can face disciplinary action.”
The law was originally introduced back in February 2022 by California Assembly Evan Low and set to take effect on January 1, 2023. This latest ruling has since prevented the enforcement of AB 2098 pending the resolution of the lawsuit.
The case will now move forward on two tracks, according to lead counsel Rick Jaffe, who added that “The parties will continue to litigate the case before Judge Shubb and we will be filing a motion for summary judgment in the not-too-distant future. But because we won, and because a judge in the Central District of California denied a similar challenge to AB 2098, the attorney general will certainly appeal and argue that the central district judge was right. So, there is much more to come.”
CHD Chairman and Chief Litigation Counsel Robert F. Kennedy, Jr. stated that, “CHD and the California chapter are excited and proud to be a part of this groundbreaking litigation, especially since there are other states also trying to censor physicians for speaking out against the mainstream medical’s position of the safety and efficacy while downplaying if not ignoring the harm caused to many who have taken the COVID shots and every booster.”
CHD is also looking to challenge other state laws on the same grounds.
CHD president and general counsel Mary Holland also praised Judge Shubb’s decision, stating that, “This is not only a victory for California doctors, but for professionals and citizens around the world in this battle for freedom. The right to share and receive truthful information, no matter how uncomfortable it may be for those currently in power, must remain inviolate.”
