A federal judge halted California’s attempt to censor doctors when, last Wednesday, the court enjoined the state statute that banned medical professionals from spreading purported “misinformation” or “disinformation” to their patients about Covid-19. The decision represents the latest victory against the authoritarian edicts that quickly followed the outbreak of the pandemic three years ago but continue to this day.
In August of 2022, California Gov. Gavin Newsom signed into law Assembly Bill 2098 (AB 2098), adding a new provision to California’s extensive regulations governing the professional and ethical conduct of physicians — regulations that ban practices ranging from human cloning to performing a pelvic exam on an unconscious or anesthetized female patient without her knowledge or consent.
The new statute sought to stop what the legislature called a “pernicious” threat to public health — doctors who spread “misinformation” or “disinformation” to their patients about Covid-19. Specifically, AB 2098 provides:
It shall constitute unprofessional conduct for a physician and surgeon to 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 vaccines.
The California law defines “disinformation” as “misinformation the [physician] deliberately disseminated with malicious intent or an intent to mislead,” while “misinformation” is “false information that is contradicted by contemporary scientific consensus contrary to the standard of care.”
In passing the law, the California legislature made multiple “findings,” including facts purveyed by the Centers for Disease
