Five doctors who are suing say that Assembly Bill 2098 violates their constitutional rights. Drs. Tracy Hoeg, Ram Duriseti, Aaron Kheriaty, Pete Mazolewski, and Azadeh Khatibi are some of these people.
Defendants in the case include Gov. Gavin Newsom and other elected officials, such as the president and members of the Medical Board of California. There is also a second lawsuit, Hoang v. Bonta, that makes similar claims but is separate but related.
AB 2098 makes it illegal for doctors in California to give their patients information that the state considers to be “misinformation” or “disinformation.”
Under AB 2098, a doctor’s license could be taken away if he or she gives medical advice and care to a patient based on facts instead of lies. Find out more about AB 2098 and what it could do to California’s already broken medical system.
Senior U.S. District Judge William Shubb, who was appointed by George W. Bush and agreed that these cases had merit, said that it was possible that the Medical Board of California could be in direct violation of state law with AB 2098, “given the vagueness of the term’scientific consensus’ and the definition of’misinformation’ as a whole.”
“Because the definition of misinformation ‘fails to give a person of ordinary intelligence fair notice of what is prohibited and is so vague that it allows or encourages seriously discriminatory enforcement,’ the provision is unconstitutionally vague,” Shubb said, adding that his ruling leans toward the plaintiffs having standing.
“Accordingly, the court concludes that plaintiffs have demonstrated a likelihood of success on the merits of their vagueness challenges.”
AB 2098 is unconstitutional because it violates the First Amendment rights of doctors in the Golden State
In September 2017, Newsom signed AB 2098 into law, and it went into effect on January 1, 2018. It says that misinformation is “false information that goes against the current scientific consensus.” It also says that doctors can’t spread “misinformation or disinformation about COVID-19, including false or misleading information about the nature and risks of the virus, its prevention and treatment, and the development, safety, and effectiveness of COVID-19 vaccines.”
AB 2098 says that any doctor in California who goes against what the Centers for Disease Control and Prevention (CDC) says about covid, no matter how crazy it sounds, is no longer allowed to practice medicine.
The law says that the state medical board must take action against any licensed doctor who is accused of acting in an unprofessional way, according to The Epoch Times. “The court’s decision stops the law in its tracks while the legal challenge is heard.”
The American Civil Liberties Alliance (ACLA), which represents the doctors in court, says that AB 2098 makes things hard for its clients. They are no longer free to practice medicine. Instead, the state of California is forcing them to lie to their patients and withhold information that it considers “false” or “misleading.”
ACLA says that AB 2098 goes against the First Amendment, which says that all Americans, including doctors, have the right to speak and write freely. In other words, free speech doesn’t end where medicine starts.
“They are stuck between a rock and a hard place, afraid of getting in trouble for doing what they think is best for their patients by giving them the information they need to make informed care decisions,” the ACLA wrote in a summary of the case that was posted on its website.
(Natural News) On January 25, the case of Hoeg v. Newsom prompted a federal judge to pause California’s covid misinformation and disinformation law for violating the First and 14th Amendments to the Constitution.
Source: News Wars Rephrased By: InfoArmed