California Repeals “Disinformation” Law Targeting Doctors with Opposing Views of Covid

For over a year, I have been writing and commenting on California’s unconstitutional Covid gag law for physicians and other medical professionals. The law allowing the revocation of licenses for “false or misleading information” on Covid-19 was a frontal attack on free speech. Nevertheless, many lawyers supported the law and Gov. Gavin Newsom signed it. Now Newsom has quietly signed the repeal of the law after it was headed for an almost certain rejection by the United States Court of Appeals for the Ninth Circuit. All of the supporters of the law seem to be shrugging and moving on after the waste of money and time on a facially unconstitutional law.

The bill authorized the state’s medical board to revoke the licenses of any medical professional 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.”

Judge Fred Slaughter (C.D. Cal.) in McDonald v. Lawson held that this statute was likely constitutional and rejected a motion for a preliminary injunction. I disagreed with Slaughter. Then, Judge William Shubb (E.D. Cal.) reached the opposite conclusion in Hoeg v. Newsom, granting an injunction.

Newsom’s office did not respond to inquiries.

The law was enacted despite the fact that many doctors who questioned aspects of Covid treatment (and were attacked for their views) have been largely vindicated. Among the suspended from social media were the doctors who co-authored the Great Barrington Declaration, which advocated for a more focused Covid response that targeted the most vulnerable population rather than widespread lockdowns and mandates. Many are now questioning the efficacy and cost of the massive lockdowns as well as the real value of masks or the rejection of natural immunities as an alternative to vaccination.  Yet, these experts and others were attacked for such views just a year ago. Some found themselves censored on social media for challenging claims of Dr. Fauci and others.

As the prior “consensus” over the efficacy of masks or other Covid measures was being placed in greater doubt, California moved to make future dissenters even less likely by threatening their licenses. While the law only limits comments to patients, it sends a chilling message to physicians to toe the line on Covid statements.

Newsom was heralded for his signing of the law that he just repealed.

The bill was part of a push by Democrats to censor or ban opposing views on subjects ranging from Covid to climate change to elections.

The legislators slipped the repeal into a new bill and none of the sponsors who supported the original bill could be found for comment. The greatest disgrace, however, falls on the California Medical Association which supported the original bill over objections from doctors and legal analysts like myself.  The CMA leadership was also silent over its effort to gag or censor doctors with opposing views in violation of the First Amendment.