Case Update Summary:
Following widespread public criticism, California finally repealed California Assembly Bill 2098 (AB2098), a manifestly unlawful attempt to restrict doctors’ freedom of speech across the state, on October 1, 2023. This was the result of a year-long legal proceeding. The state received a cold reception from the Ninth Circuit Court of Appeals during the McDonald v. Lawson oral argument, which led to the repeal.
Assembly Bill 2098, a new law, allows the Medical Board to penalize physicians who disseminate “misinformation” to their patients. The legislation defines “misinformation” as any information that “is contradicted by contemporary scientific consensus.” Naturally, the Centers for Disease Control and other public health agencies have continuously changed how they disseminate the scientific findings to the public during the COVID-19 epidemic.