AB 2098 by Assemblyman Evan Low (D-Campbell), will punish physicians and surgeons for “unprofessional conduct” for advocating for the potential benefits of early treatment with off-label drugs, or those who dare to ask questions about COVID vaccine safety.
Assembly Bill 2098 puts unconstitutional restrictions on free speech by medical professionals.
“There is no question that the bill is aimed at restricting speech based on its content. As such, it would be presumptively invalid and could only be upheld if the government could prove that the law is narrowly tailored to serve a compelling state interest. ‘This stringent standard reflects the fundamental principle that governments have no power to restrict expression because of its message, its ideas, its subject matter, or its content.’ While the state may be able to claim that providing the public with accurate information regarding Covid-19 is a compelling interest, it cannot possibly argue that the blunt weapon that AB 2098 represents is narrowly tailored to that interest.
It is a long-held precept of free speech jurisprudence that more speech is the appropriate remedy to false speech, rather than censorship. ‘The remedy for speech that is false is speech that is true. This is the ordinary course in a free society. The response to the unreasoned is the rational; to the uninformed, the enlightened; to the straight-out lie, the simple truth.’”
This is Stasi-level legislation. Under AB 2098, doctors would be subject to disciplinary actions by the Medical Board of California and the Osteopathic Medical Board of California if they do not adhere to the “approved COVID treatment consensus.”
Who approves the “consensus?”
Physicians would be punished simply for doing what they believe is best for their patients, and sharing legitimate information necessary for their patients to make a true risk/benefit analysis.
The bill is aimed at physicians who acknowledged the 1% mortality rate, questioned mandatory masks, school closures, and challenged the claim that the vaccine would shield patients from getting or spreading Covid. It is also aimed at physicians who chose to prescribe therapeutic treatments during COVID.
Assemblyman Low and Senator Richard Pan continued to push the bill even though Covid is endemic now.
Dr. Marty Makary of Johns Hopkins says “throughout the pandemic, all COVID decisions were made by a small group of like-minded government doctors who often replaced the scientific method with medical dogma.”
He reported that a May report reveals that vaccinated immunity as well as natural immunity has reduced the mortality by about 90% and that omicron is now considered less virulent intrinsically than certain flu strains. “The medical establishment has marched in lockstep on COVID-19, presenting a consensus of expertise as they marginalized physicians who had different opinions,” Makary said. “Ironically, when public health officials insisted that those who had natural immunity be fired for not being vaccinated, they fired those least likely to spread the infection in the workplace.”
As Laura Powell noted, “Since AB 2098 explicitly restricts speech based on its content, it is presumptively invalid. The bill does not address the problem identified. The bill’s authors and supporters point to the problem of doctors who widely amplify falsehoods about Covid-19, but silencing them would violate the Constitution. To remedy the constitutional problems, it would have to be pared down to the point that it would simply duplicate existing law. Proponents are unable to cite a single example of a harm that could be prevented.”
Powell added, “There is a crisis of institutional credibility, not a crisis of misinformation. Misinformation has always existed, but what has changed is that the public no longer trusts the government and the medical establishment to be reliable sources of information. Censorship could only succeed in creating a backlash that would further erode that trust.”
Gov. Newsom can sign the bill, or do nothing with AB 2098, and it would still become law, which the Daily Wire said would be monstrously cowardly.
AB 2098 is a bill in search of a crisis.
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