Pirate's Cove

If governor Gavin Newsome signs this, how quick till they California government is sued for violating the California Constitution, to start with? (paywalled NY Times piece here)

California Approves Bill to Punish Doctors Who Spread False Information

Trying to strike a balance between free speech and public health, California’s Legislature on Monday approved a bill that would allow regulators to punish doctors for spreading false information about COVID-19 vaccinations and treatments.

The legislation, if signed by Gov. Gavin Newsom, would make the state the first to try to legislate a remedy to a problem that the American Medical Association, among other medical groups and experts, says has worsened the impact of the pandemic, resulting in thousands of unnecessary hospitalizations and deaths.

The law would designate spreading false or misleading medical information to patients as “unprofessional conduct,” subject to punishment by the agency that licenses doctors, the Medical Board of California. That could include suspending or revoking a doctor’s license to practice medicine in the state.

Although the legislation has raised concerns over freedom of speech, the bill’s sponsors said the extensive harm caused by false information required holding incompetent or ill-intentioned doctors accountable.

“In order for a patient to give informed consent, they have to be well informed,” said state Sen. Richard Pan, D-Sacramento, and co-author of the bill. A pediatrician himself and a prominent proponent of stronger vaccination requirements, he said the law was intended to address “the most egregious cases” of deliberately misleading patients.

In other words, they’re mad that doctors could tell the truth on things like COVID vaccines and mandates, along with destroying kids with transgender procedures and medications. But, not, there is not balance. Article I, Section 2(a) says

(a) Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press.

That’s pretty damned specific, wouldn’t you say? But, you know, the authoritarians in the Democratic Party do not care, and do not want anyone speaking out with Wrongthink.

Although other nations have criminalized the spread of vaccine misinformation — and have higher vaccination rates — the response by states and the U.S. government has largely been limited to combating misconceptions with accurate information, said Michelle Mello, a professor of law and health policy at Stanford University.

She noted that even laws that cited a “compelling interest,” such as public health and safety, to police disinformation ran the risk of having a chilling effect, a First Amendment standard for many courts.

“Initiatives like this will be challenged in court and will be hard to sustain,” she said in an interview. “That doesn’t mean it’s not a good idea.”

Restricting free speech is never a good idea. As The Blaze points out

The bill targets direct conversations between doctors and their patients. It does not address comments made online or on television. It also would not require the suspension or revocation of a doctor’s license, but it gives that option to the medical board, which already holds licensing powers over doctors and may take disciplinary action against those accused of other sorts of “unprofessional conduct.”

So, it blows through doctor-patient confidentiality, as well.

Read: California General Assembly Passes Law To Punish Doctors For Free Speech »