Home>Articles>California Physicians’ Free Speech Win with AB 2098 Injunction Upheld

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California Physicians’ Free Speech Win with AB 2098 Injunction Upheld

The preliminary injunction blocks the MBC from using AB 2098 to sanction the five doctors in the case

By Mark McDonald, January 27, 2023 1:09 pm

Assembly Bill 2098, California’s medical misinformation law, has suffered its first legal defeat.

A judge in California agreed with a request for preliminary injunction to protect five California physicians from the Medical Board of California. AB 2098 empowers the Medical Board of California (MBC) to suspend the medical licenses of any physician whose speech does not conform to the political views of those in power. Specifically, if a doctor tells a patient that wearing a mask does not prevent infection from a respiratory virus, or that the experimental mRNA injections can be harmful (in addition to being ineffective), he may be prevented from practicing medicine in the state of California. This law is both unconstitutional and destructive—it effectively ends the possibility of pursuing an honest doctor-patient relationship and will force the best doctors to flee to other states, or simply retire from the profession. The preliminary injunction blocks the MBC from using AB 2098 to sanction the five doctors in the case. It does not, however, extend this protection to any other physicians.

Last year, I filed a lawsuit against AB 2098 with the assistance of Liberty Justice Center. The preliminary injunction is not the product of our lawsuit but rather one filed by a group of physicians lead by psychiatrist and former UCI professor Aaron Kheriaty, MD. Dr. Kheriaty has been personally harmed by the larger anti truth in medicine movement. He chaired the bio-medical ethics committee at the UCI medical school until being forced to resign two years ago after raising questions about the ethics of requiring both adults and children be injected with the experimental mRNA product. He can no longer work at UCI and soon may no longer be able to work at all in the state, if AB 2098 is not rescinded.

I remain under investigation by the MBC for “spreading medical misinformation” through posts from 2020 on my social media pages regarding masks and ivermectin. Perhaps this recent win will slow down the attacks on me and others not party to Dr. Kheriaty’s lawsuit.

Additional lawsuits have been filed against AB 2098, including one out of San Diego. That lawsuit is on appeal now and has been consolidated with our lawsuit. That means that, ultimately, the outcome of this battle will be determined in federal appeals court. It may even be decided by the US Supreme Court.

The protection of free speech extends far beyond the free speech of physicians in California. Professional speech is under attack across multiple professions. State bar associations have begun censoring and sanctioning attorneys for challenging left-wing political orthodoxy. Unless this attack on the free speech of California physicians is halted now, Americans across the nation will soon be at risk of losing their employment because they dare to point out obvious reality: Masks don’t work. Healthy children are dying from harmful experimental injections. Men cannot become women. Renewable energy produces more pollution than fossil fuels. Once truth becomes outlawed, freedom dies.

The war for our freedom comes in the form of many smaller battles. The battle to end AB 2098 is one of those battles, an important one that we should all be paying attention to.

Read Dissident MD here

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4 thoughts on “California Physicians’ Free Speech Win with AB 2098 Injunction Upheld

  1. Great news. I am very much tuned in to this continuing fight —- as so many obviously are —- and anxiously await the next chapter.

  2. This “law” is so flagrantly unconstitutional that it’s zero surprise that it has been blocked in the courts. The fact the Democrats actually thought this would actually stand legal muster shows how dumb they really are (on the other hand, they might have foreseen this and only passed it as a giant virtue signal).

  3. It’s great that physician speech won’t be restricted, but a large population will not be trusting doctors anymore regardless if this is upheld or not. That need to be fixed after the free speech battle. I wish like-minded doctors form their own network and make it easy for patients to find them. Otherwise many are going to be suspicious of doctors and nurses, especially now that they are starting to implement a code on your medical records to show vax status. This isn’t paranoia, it was evident the past 3 years that there are many lunatic, untrustworthy professionals.

    CA also needs a lawsuit about masks in health care settings. Will that end when the emergency order finally expires? Or is that something we need to do forever? I believe the CDC guidelines ended that long ago, but CA still requires it. Considering it has been proven not to work, what right do they have to continue mandating it? I loathe having to visit Kaiser in person because masks still make me uncomfortable and nervous.

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