Opinion: Judge right to halt California’s unconstitutional medical ‘misinformation’ law
A federal judge has granted a preliminary injunction halting the enforcement of Assembly Bill 2098, the patently unconstitutional California law that requires the Medical Board of California to investigate and possibly suspend physicians who say anything about COVID-19 to their patients that departs from the “contemporary scientific consensus.”
The law is being challenged by five California physicians represented by the New Civil Liberties Alliance, a nonprofit civil rights group. They’re suing on the grounds that the law is a violation of their First Amendment rights to freedom of speech, which obviously it is. But Judge William B. Shubb didn’t even reach the First Amendment argument.
The Fourteenth Amendment to the U.S. Constitution prohibits any state from denying due process of law to any person. That includes any law that is so vague that people can’t possibly determine what is prohibited by it. AB 2098 states, “It shall constitute unprofessional conduct for a physician and surgeon to 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 vaccines.”
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