WASHINGTON, DC, Nov. 02, 2022 (GLOBE NEWSWIRE) — A new California law signed into law by Gov. Gavin Newsom authorizes the Medical Board of California to discipline physicians who “spread” information about Covid-19 who deviate from “contemporary scholarly consensus.” The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, has submitted a motion Complaint and application for an injunction in Hog, et al. v. Newsom, et al.and asked the U.S. District Court for the Eastern District of California to prevent AB 2098 from enacting.

NCLA represents five Medical Board of California (MBC) licensed physicians, most of whom regularly see patients. dr Hoeg, Duriseti, Kheriaty, Mazolewski and Khatibi claim Assembly Act (AB) 2098, which went into effect September 30, 2022, violates their right to freedom of expression under the First Amendment and their right to due process under the Fourteenth Amendment. In addition to impeding the ability of doctors and their patients to communicate freely, the law has been used as a weapon to intimidate and punish doctors who deviate from established views. Several plaintiffs have faced threats from other doctors and individuals on social media to use AB 2098 to have their licenses revoked, an apparent attempt to quash the doctors’ remarks. They are put between a rock and a hard place because they fear repercussions for acting in their patients’ best interests by honestly giving them the information they believe their patients need to make informed treatment decisions.

In protecting Americans’ rights to freedom of speech and expression, the First Amendment applies not only to the expression of majority opinions, but also to minority views. US Supreme Court and Ninth Circuit precedents protect statements made in connection with the doctor-patient relationship and recognize a government interest in free and open communication between doctors and patients. AWAY…