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.