California has decided to repeal a law that restricted the advice doctors could give patients about COVID-19 due to mounting legal pressure. The legislation, which was signed into law in September 2022 and took effect in January, aimed to define COVID disinformation as “unprofessional conduct” and give the Medical Board of California the power to revoke the licenses of physicians who diverged from “contemporary scientific consensus.” However, the law was halted in January by a federal judge pending court challenges, and it is unclear if it was ever enforced.
Over the weekend, California Governor Gavin Newsom signed a state Senate bill repealing the law, which will take effect in January 2023. Attorneys from the Liberty Justice Center, a Chicago nonprofit legal firm, announced the repeal and expressed satisfaction that the bill was repealed to defend First Amendment rights.
In a signing statement appended to the law on September 30, 2022, Governor Newsom acknowledged that the law could have a “chilling effect” on free speech. However, he stated that the law was specifically designed to deal with abuses and trusted the interpretation of the law to the Medical Board of California.
Several California physicians disagreed and challenged the board’s right to define treatment, leading to three separate lawsuits against state officials. The lawsuits argued that the law interfered with their ability to provide timely advice to patients as new COVID variants emerged. U.S. District Senior Judge William B. Shubb granted them a preliminary injunction against the law on January 25, leading to the eventual repeal.
The doctors involved in the legal action expressed mixed feelings about their victory, highlighting the need for real accountability to prevent similar situations in the future. They emphasized the importance of preserving constitutional rights of free speech and medical freedom.
