On Wednesday night, a federal judge issued a preliminary injunction against a new California law that makes physicians subject to professional discipline for sharing COVID-19 "misinformation" with their patients. U.S. District Judge William B. Shubb concluded that California's definition of misinformation is unconstitutionally vague, failing to give doctors fair notice of which conduct the statute covers, which is a basic requirement of due process. That vagueness is especially problematic in this context, Shubb said, because it is apt to have a chilling effect on speech protected by the First Amendment.
A.B. 2098, which took effect on January 1, redefines the "unprofessional conduct" policed by state regulators to include medical advice that promotes "misinformation" about COVID-19, such as "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 law defines "misinformation" as "false information that is contradicted by contemporary scientific consensus contrary to the standard of care."
