California Gov. Gavin Newsom signed AB 2098 by Assemblyman Evan Low (D-Campbell), which 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. Under AB 2098, doctors will 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,” Dr. Peter Mazolewski said last week to the Globe. The medical board? Public health officials? Neither all of the members of the Medical Board nor all of California’s public health officials are licensed medical doctors.
In his signing statement, Gov. Newsom said, “To be clear, this bill does not apply to any speech outside of discussions related to Covid-19 treatment within a direct physician patient relationship,” as if it’s constitutional to limit the censorship of doctors to one medical issue. Imagine if doctors were censored over various cancer treatments or heart ailments.
The Governor of the State of California is telling the state’s licensed physicians that when they are treating a Covid patient, they must remain in the lane of the consensus of the CDC or CDPH treatment protocols.
Laura Powell, founder of Californians for Good Governance explains in a June AB 2098 opposition letter:
“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.
Which it does not.
Physicians would be punished simply for doing what they believe is best for their patients, sharing legitimate medical 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.
“Censorship and criminalization are not the bulwarks of a free society,” attorney Leigh Dundas said at the AB 2098 protest rally Friday at the State Capitol. “The stark reality is if we are to remain a Constitutional Republic, then doctors must remain free to practice medicine.”
“Science and medicine are constantly evolving by challenging the status quo,” Dundas added.
And Dundas warned that if this bill to censor California’s doctors is allowed to stand, “guess who is next on the chopping block – the press.”
Tech entrepreneur Steve Kirsch addressed the AB 2098 protesters Friday. “I’m labeled a misinformation superspreader, but (Senator) Dr. Pan can’t silence me because I’m not a doctor.”
“It’s [AB 2098] unconstitutional and anti-science,” Kirsch continued. “Tenure was created in universities to allow people to speak out without retribution. This is a special law targeted at misinformation for Covid-19, and that’s not science.”
As Laura Powell noted, “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.”
As Dr. Pete Mazolewski said, the purpose of Assembly Bill 2098 is to circumvent due process against doctors over “Covid misinformation conduct.”
AB 2098 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.
Does the Centers for Disease Control and Prevention decide “approved COVID treatment consensus?” Even CDC Director Rochelle Walensky recently admitted her agency’s failures during the COVID-19 pandemic during a message to her staff in August. ABC reported, “To be frank, we are responsible for some pretty dramatic, pretty public mistakes. From testing, to data, to communications,” Walensky said.
“We know there were a lot of problems with the CDC… if we speak out right now, we run the risk of losing our licenses,” Dr. Mazolewski said.
View Comments (57)
Another OUTRAGEOUS action on Newsom's part. And delusional, too! What, pray tell, could possibly be the upside here? Legally OR politically? Given the strong legal forces already arrayed against this move who are reportedly all ready to go with legal actions prepared in advance (that are all-but-guaranteed to prevail), never mind the damage that will be done to Newsom (and others) politically, there IS no upside. Legislation is one thing, court rulings are another. And yet Newsom signed AB 2098 ANYWAY.
Newsom can now be called a jackbooted thug without hyperbole. But --- go figure --- this has apparently been his goal all along.
Newsom's goal? Sitting on a board for Big Pharm now that his national political career is DOA. Guard against other reckless moves, coming at a fast pace after the total fail of his idiotic "billboard" campaign set to destroy what it left of this state.
Newsom's very recent warning about declining state tax revenues has put him into slash and burn mode ,while he tries to escape full blame for the decline and fall of this once great state.
Too many large tax payers have fled this state and his micromanaging super-majority legislature is out to destroy any remaining small businesses. Zuckerberg sucking air big time now, leaves another hole in his Top 1% oligarchs who currently pay 50% of all state tax revenues.
California, gird your loins - the next few years are going to be a very bumpy ride. Plus hiding the most recent state K-12 test results until after the election, is another fatal wound to this once golden state. All done on Newsom's watch.
I like your take on all of this, Jaye, and the reminders of Newsom's self-inflicted troubles that seem to have come to a head and could now be putting him in panic mode. It would certainly explain his his behavior and his actions of late, which have been even worse than before, when we thought he couldn't possibly get worse or more reckless. This is definitely food for thought, in addition to what you wrote further down in this section.
We are doomed. He can't even get recalled. I guess it's a case of Stockholm Syndrome with the voters here. This bill is outrageous and unconstitutional.
The Democrats imported an uneducated peasantry to cement a permanent majority in place. They don't read, barely even think and believe everything the Spanish-language media spews (Soros bought up the last outlets that were not screaming left-wing). All they know is the Democrats are going to give them stuff. Newsom is the leading edge of the drive to do this to the whole country with his new Universal ID card (but Voter ID is fascist and can't be heard of).
The unfunded liabilties of the public pension funds are going to rain on this parade at some point in the future, but in for the moment it's party time.
Gavin Newsom: "L'état, c'est moi."
No kidding, Fed Up. Just.Freaking.Amazing.
Sure hope everyone will be sure to blast this story on social media to the four corners of the Earth as soon as possible.
It wouldn't do for ANYONE to miss it.
"L'etat, c'est blah" may be more accurate...at least that's what I wrote in this piece about political Beta males like Gavin...
https://thomas699.substack.com/p/letat-cest-blah
Mr. Buckley, thanks for the link to your article. The antithesis of the Beta males you describe was Winston Churchill. Despite his own self-admitted shortcomings he was walking the streets of London, rallying his people while the walls of bombed buildings were still falling. Then there's the frat boy Beta male Newsom. Newsom has likely never had a callous on his hands from honest work except perhaps a few developed from fondling himself while looking at his reflection in the bathroom mirror.
Just more of the same from the Communist Chinese puppet Newsom and his gang in Sacramento. This is exactly the kind of repression and silencing that was done to the doctor who tried to warn the world about the Wuhan Virus when it first appeared. To his CREDIT he went against the so-called "consensus" and died a hero: https://www.bbc.com/news/world-asia-china-51403795. Newsom and his communist friends are cowards.
Our First Amendment is being shredded before our eyes. Just look at what happens if you don't agree with the left. If you believe in right to life like Mark Houck you can have 30 FBI agents arrest you with guns drawn and face 11 years in prison, if you don't agree with FORMER VICE PRESIDENT biden you are a facist and an "enemy of democracy", and now AB2098 signed by Governor Climate Change. If the GOP has any spine in this state they need to make their voices heard and get this overturned in court. By the way what ever happened to the ACLU ???
The last board member of the ACLU revealed an internal document that admitted "well yeah free speech and all BUT what really matters is our political agenda" (which requires muzzling the opposition).
https://republicbroadcasting.org/news/leaked-internal-memo-reveals-the-aclu-is-wavering-on-free-speech/
original document is emedded pdf in the article here
https://fee.org/articles/the-aclu-is-no-longer-free-speechs-champion-but-other-groups-are-filling-the-gap/
The Death Knell was the Morgan Hill flag t-shirt case. The ACLU ignored the suspension of high school students for wearing US flag t-shirts--after THEY were threatened with violence. The 9th Circuit ruled the administrator was free to suspend them based on "in loco parentis".
This is a blatant violation of the 1st Amendment and this legislation will need to be struck down in the courts? Gov. Newsom and his Democrat minions like Assemblyman Evan Low need to be hauled before tribunals to be held accountable for crimes against humanity by imposing medical tyranny, locking down innocent people, silencing anyone who dares to disagree them, and mandating experimental mRNA shots that have injured and killed thousands. Their souls have a lot to answer for?
Is there really any doubt now that Democrats are Communists?
What this bill does, is what they do in every Communist country, silence dissenting voices. Those are voices that are often right.
This is from the bill's text.
"'Misinformation' means false information that is contradicted by contemporary scientific consensus contrary to the standard of care."
Science doesn't work on consensus. Period.
There ARE no communist countries! Never have been, except maybe for a (very) short while - the power-hungry bastards, usually corrupt as hell too, always take over. Anyone who is HUNGRY FOR POWER should be kept away from it at all costs - that goes for politics, the military and business. "From each according to his ability, to each according to his needs" - note: needs, NOT desires. Check out https://en.wikipedia.org/wiki/From_each_according_to_his_ability,_to_each_according_to_his_needs
Low, Pan, Newsom = ????
You forgot Weiner...
Aside from Dr. Pete Mazolewski , where are the (hopefully) other physicians speaking out against this censorship?
Answer: Busy voting with our feet.
Packing their bags and families to move out of California so they can practice medicine, use their experience and knowledge to keep moving forward in medicine/science.
A look at Low's bills is seem to move California towards CCP policies, with a hand out to narrative issues like LGBT.
We know CA the head of the communist board lies with Newsom and his apostles like Low to fulfill China wishes to move towards a communist society.
Ministry of Truth expands to watch over psychologists and now doctors who must adhere to gov't policy over medical practice
Take your own medicine Noisome! ;)