Federal Judge Issues Preliminary Injunction Blocking California COVID ‘Misinformation’ Law

A federal judge issued a preliminary injunction on Wednesday against a controversial law in California that allows the state’s medical boards to discipline physicians who “disseminate” information regarding COVID-19 that departs from the “contemporary scientific consensus.” In his ruling, Senior Judge William B. Shubb of the U.S. District Court for the Eastern District of California found Plaintiffs had standing to challenge the law and that “contemporary scientific consensus” lacks an established meaning within the medical community. Because the term ‘scientific consensus’ is so “ill-defined and vague,” the plaintiffs in the lawsuit are “unable to determine if their intended conduct contradicts the scientific consensus, and accordingly what is prohibited by the law,” the judge wrote. The law, known as Assembly Bill 2098, took effect on Jan. 1, 2023, and applies to information regarding the nature and risks of the virus, its prevention and treatment, and the development, safety, and effectiveness of COVID-19 vaccines. A group of five California physicians filed a lawsuit in November against California Gov. Gavin Newsom’s administration, saying the law violates their First Amendment rights and constitutional right to due process. Plaintiffs are represented by the New Civil Liberties Alliance (NCLA).