The Next Battle against “Covid Misinformation” has just begun in Washington State

The Next Battle against “Covid Misinformation” has just begun in Washington State

On Thursday, March 7th, we filed Stockton v. Ferguson in the Eastern District of Washington. Washington has prosecuted around 60 doctors, in whole or in part based of their speaking out in public against the mainstream Covid narrative. Since April 2023, I have been involved in one of these prosecutions, the one against Richard Eggleston. We had obtained a appellate court stay of the case, but it was recently vacated. So it was time to up the ante and change thing up. Dr. Eggleston and two other doctors are plaintiffs in the case. One of them, Thomas Siler is also being prosecuted. Dan Moynihan is not being prosecution, but his speech is being chilled because of all of these prosecutions. CHD (and its Washington chapter) is also a plaintiff. We also listed John and Jane Does 1-50, because we do not currently have the names of the other doctors being prosecuted, but we hope to get that information by court order.

This case is somewhat different from the four prior Covid misinformation I have worked on, as reflected by the first named plaintiff, John Stockton. To me and millions of other people, John represents the values which most Americans cherish and share, hard work, focus, and getting the job done without a lot of fanfare (but because of John’s superabundance of these qualities, the fanfare and accolades were hard to avoid, but were well-deserved). We (RFK Jr. Todd Richardson and I) file this new case with pride and excitement.

The courts have recognized that flip-side of the right to speak is the right of the public to hear the speaker. It seems like a crazy but understandable idea to try to silence people with scientific and health care backgrounds during a pandemic. Crazy, because in a novel health crises, society should want a vigorous public debate when highly personal infringing rules are in place like forced vaccination, forced masking and lockdowns. Understandable, because what the last four years has taught us is that the government, the professional health organizations and pharma controlled media have manipulated the messaging delivered to the public, and keep it from asking too many questions, like why are all these otherwise completely healthy not old people dropping dead.

But what the last four years have also taught us is that people will fight back and challenge these restrictions on actions and speech. Some challenges have failed, some have succeeded. The important thing is that we keep challenging the government repressive actions.

The now five legal challenges I have brought (McKenzie v. Lawson, Hoang v Bonta, Eggleston v. Washington Medical Commission, Kory v. Bonta and now Stockton v. Ferguson), (three of which RFK Jr is co-counsel) are just one small battlefield in anti-censorship theater of operations.

A larger battle will be playing out in the Supreme Court on the 18th, Biden (now Murthy) v Missouri (and Kennedy v. Biden which recently obtain a preliminary injunction). Fun and now mostly forgotten fact. RFK Jr filed the first health related censorship case against Facebook years ago. He also went after the social media’s truth police in the trusted news case. And not surprisingly, he is with me on all three of my recently filed federal censorship cases. He is more obsessed with this stuff than even me.

In case you are getting confused about all these theaters, let me try to explain it simply.

As you all know, the First Amendment only protects people from government action, not the action of private individuals or companies.

So, First Amendment cases have to name a government agency (like my cases against the state medical boards), or the federal government, and make a direct censorship claim or claim that the feds are pressuring private companies into censoring people, like the Missouri and Kennedy v. Biden cases.

Or, you have to allege that the private companies are state actors and hence have to comply with the First Amendment, and that would be RFK Jr’s Facebook case.

Or, some other legal theory of liability, like antitrust or conspiracy, and that would include RFK Jr’s Trusted Initiative case against the fact checking conglomerate enterprise.

And that is the legal landscape of the First Amendment theater of operations as I see it.

Circling back to my little theater of operations, here is the Stockton lawsuit we just filed. filestampedcomplaint. I expect to get into court by mid May.

Rick Jaffe, Esq.

2 thoughts on “The Next Battle against “Covid Misinformation” has just begun in Washington State

  1. It seems there is a real basis in history and reality (that is, truth) when we look at certain facts through both narrow and wide lenses. Harvard I believe pioneered the “round table” approach to doctors/health professionals collectively talking to specific issues because when one doctor is on a “case”, they are narrowly focused in on their history/education/experience. The round table approach widens the lens for that one doctor/patient issue and presents a myriad of possiblilities not thought out. One example I know in real life is a friend who had severe heart issues, was in hospital cardiac unit, the entire cardiac staff couldn’t figure his issues out (he was 30 years old at the time) and was scheduled for a pace maker as things got worse and worse. He, the patient, at one point with all the discussion happening over his head (like being in the dental chair while you’re being talked about) and he said, “could it possibly be related to Lyme disease?” and guess what…no pace maker…Lyme was confirmed!! So the entire cardiac team had to eat crow and ask an entire alt group of “professionals” to investigate the potential for Lyme. Had they not, this very healthy active 30 year old would be walking around with a pace maker and likely not living his best life.

  2. Stockton is right.

    Another issue that will never be addressed is the manipulation that Covid-19 profiteers were taking advantage of force feeding those Vaccines onto the general public as well as Gov’t employees, or fear of losing your job or be suspended indefinitely.

    Those who contracted Covid-19, should’ve had greater opportunities to review debates between Infectious Disease Doctors, before ever taking the vaccine in the first place. We weren’t exposed to Medical Scholars who greatly questioned the reliability of COVID 19 vaccine.

    If any of us took time of reviewing the active ingredients of the vaccine and the side effects, many wouldn’t have taken the shot in the first. Heck even liberal Bill Maher thought it was nuts for the Gov’t to push that garbage on us. Same with JFK Jr. who is being ostracized for his stand against the Vaccine, which was rolled out way to fast.

    I was very sick after my first bout of Covid (contracting it from my manager) and feeling the effects a year later (but recovering) I was fearfully (it was subtle) manipulated by my manager who was digesting everything Fauci, to take the 2-part jab instead of allowing my immune system to work. After taking the jab, I became very sick for nearly a year afterwards feeling heart rumbling during that time frame.

    The reason why I took the jab in the first place is I wanted to make the Fauci bunch in my office to feel “safe” and I felt my job wasn’t going to be secure.

    Those who proclaim the vaccine worked, may not have even needed to take the shot or had enough immunities to fend off the side effect and probably were perfectly healthy, or experienced certain side-effects they didn’t relate to their increased health problems a few months after taking the jab.

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