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California Gov. Newsom Quietly Kills Law Punishing Docs For COVID ‘Medical Misinformation’

California Gov. Newsom Quietly Kills Law Punishing Docs For COVID ‘Medical Misinformation’

The law “would have subjected physicians to discipline for sharing information that departs from the ‘contemporary scientific consensus’ on Covid-19 with their patients.”

Earlier this year, I reported that District Court Judge Judge William Shubb temporarily blocked the enforcement of California’s AB 2098, a measure that punished doctors for not pushing the state-directive narratives surrounding COVID-19.

In the 30-page ruling, the judge blasted the definition of “misinformation.“

The law defines misinformation as “false information that is contradicted by contemporary scientific consensus contrary to the standard of care.” Judge Shubb called the law’s definition of misinformation “nonsense.”

The NCLA argued that “The term ‘contemporary scientific consensus’ is undefined in the law and undefinable as a matter of logic. No one can know, at any given time, the ‘consensus’ of doctors and scientists on various matters related to prevention and treatment of Covid-19. And even if such a poll could theoretically be taken, who would qualify to be polled? Only those doctors treating Covid-19 patients?

All doctors and scientists, or only those in certain fields? Who determines which fields? How often would such polls be taken to ensure the results are based on the most up-to-date science? How large a majority (or plurality) of the polled professionals qualifies as a ‘consensus’? The very existence of these questions illustrates that any attempt at a legal definition of ‘scientific consensus’ according to which doctors must operate in their day-to-day practice is impractical and borders on the absurd.”

The New Civil Liberties Alliance has now announced that California Governor Gavin Newsom has quietly repealed the measure.

California Gov. Gavin Newsom has signed a bill to repeal a law that would have subjected physicians to discipline for sharing information that departs from the “contemporary scientific consensus” on Covid-19 with their patients.

NCLA celebrates this great victory for its brave clients, who stood up to this outrageous attack on the First Amendment: Drs. Tracy Hoeg, Ram Duriseti, Aaron Kheriaty, Pete Mazolewski and Azadeh Khatibi, in Høeg, et al. v. Newsom, et al., a lawsuit challenging the vague and censorious statute.

Signed into law in September 2022, California Assembly Bill (AB) 2098 violated Medical Board of California-certified physicians’ First Amendment rights to free speech and their Fourteenth Amendment rights to due process of law. It interfered with the ability of doctors and their patients to freely communicate, serving as a weapon to intimidate and punish doctors who dissented from mainstream views.

Physicians and individuals on social media threatened several of NCLA’s clients with using AB 2098 to take their licenses away, corroborating evidence that the law’s insidious intent was always to silence doctors who depart from state orthodoxy on Covid-19.

The news suggests that Newsom is methodically positioning himself as a centrist voice of reason. I wish him tons of good luck with that approach.

I certainly will enjoy the new governing style while it lasts.

However, I will not forget his imperial COVID orders:

Governor Newsom has led the nation’s fight against COVID-19, implementing the most robust vaccination and testing programs in the country. Under Governor Newsom’s leadership, California has set the standard when it comes to vaccine and masking measures, including requiring that workers in health care settings be fully vaccinated, announcing that the COVID-19 vaccine will be added to the list of vaccinations required to attend school in-person when fully approved, requiring masking in schools, and implementing a standard that all school staff and all state workers either show proof of full vaccination or be tested.

Nor will I forget his hypocritical actions while he was also under those orders…or the fact we were under COVID emergency orders for 3 full years.


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Who was harmed by the law, will there be damages sought by those harmed? Class action?

    StillNeedToDrainTheSwamp in reply to JohnSmith100. | October 4, 2023 at 5:24 pm

    My wife, and hence I, was harmed. She wanted to have Ivermectin on hand in case needed, and bought the horse worming type She never used it, but would have – a close friend of ours did use it. So, I wanted to get her a prescription. Local doctors asked said no. I did get a prescription via a Teladoc arrangement, but then was never able to get it filled locally. All a bunch of horse sh*t. So much for my body, my choice.

      I had the same problem, asked for RX, doc said he could not. This was really about Parma milking the situation, and damaging a bunch of people in the process.

        DaveGinOly in reply to JohnSmith100. | October 5, 2023 at 12:15 am

        Big Pharma wasn’t just “milking” the situation. It was essential that the vaxxes were the exclusive medical products capable of dealing with SARS-CoV-2. Had an already-approved medical product (such as Ivermectin) been identified as an effective medication against the virus, the law would have prevented the issuance of the emergency use authorizations (EUAs) that permitted the administration of otherwise unapproved medical products. By the time the vaxxes might have been approved for general use, the pandemic would have been handled by Ivermectin (and other products) and would have been over. There would have been no gravy train. The effectiveness of already-approved medication against COVID had to be suppressed by any means.

Good news. California has decriminalized having opinions.

AF_Chief_Master_Sgt | October 4, 2023 at 5:06 pm


Grab ‘em Nuisance realized that few physicians would move to Kalifornicate with laws that punish physicians for making medical decisions based on their medical training, not on some bureaucratic nimrod who couldn’t pass 7th grad Biology 101.

What could be next? Punishment for not recognizing the correct sex of a patient?

“But Monteephae, I understand that you identify as a female, but you still have testicular cancer.”

“The news suggests that Newsom is methodically positioning himself as a centrist…”

Yeah, it sure does. Especially considering how he vetoed the parental rights bill related to tranny child grooming just the other day.

The sad thing is that there are plenty of morons out there who will fall for it.

They will literally erase the COVID tyranny from history like the 2020 riots.

“undefined in the law and undefinable as a matter of logic”
“For a year-and-a-half now, I’ve spoken out against this law.”

Coders who write programs based on do-what-I-meant “logic” have their product fail immediately and their careers shortly thereafter.

Legislators never lose their jobs over it, and their product stinks up the place for years.

In Oregon a rural doctor stated that his office wasn’t masking and the State pulled his medical license the next day. THAT is how fast science works when the bureaucrats are in charge.

Newsom ain’t the only politician trying to hide from their decisions during Covid or to try and obscure their deliberate actions and policy choices to enable the Covid Karens.

You’re a partner to the devil but we ain’t afraid of him
We’ll build ourselves another state
So you can tear it down again

Newsome doesn’t want to run for President. Just stop saying that.

    Corky M in reply to diver64. | October 5, 2023 at 9:52 am

    Your spot on. I thinks he wants to take Clown Swab’s place since it is closer to the power sources… as well as what he espouses.

He’s just creating talking points that he can use in commercials when he runs for president.