February 3, 2023 — FOR IMMEDIATE RELEASE
Washington D.C. — Yesterday, the Hamilton Lincoln Law Institute filed its opening brief with the Ninth Circuit in its suit by Doctors Michael Couris and Michael Fitzgibbons challenging a new California state law, AB 2098, that restricts doctors’ First Amendment free speech rights by threatening disciplinary action for discussing with patients anything about COVID-19 that the State views as “misinformation.”
HLLI’s appeal argues that AB 2098 unconstitutionally inhibits the open and frank communication required for doctors to provide patients the best advice and ensure the patient is fully informed. While a state may regulate professionals’ conduct or treatment, AB 2098 improperly suppresses speech with which the state disagrees, serving as a dangerous tool permitting the State to distort the marketplace of ideas. AB 2098 is also vague because it relies on terms such as “misinformation,” “scientific consensus,” and an ever-evolving “standard of care,” making it next to impossible for a doctor to know what they can and can’t say.
A copy of HLLI’s appellate brief can be found here and more information about AB 2098 and our original case filed in the Southern District of California can be found here.
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Hamilton Lincoln Law Institute is a nonprofit public interest law firm formed in 2019. HLLI challenges administrative and regulatory actions and abuses of the class action and civil justice system that exceed constitutional limits, promote rent-seeking, or otherwise improperly created deadweight loss; and challenges improper restrictions on speech and other actions beyond constitutional bounds.
HLLI’s website is http://hlli.org.
Contact:
Ted Frank, 703-203-3848, ted.frank@hlli.org