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Category: First Amendment

AB 2098 hearing held yesterday, no result yet, but we are very, very hopeful

AB 2098 hearing held yesterday, no result yet, but we are very, very hopeful

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(Man with shades outside Sacramento Federal Courthouse after oral argument in the challenges to AB 2098) We had the hearing on our challenge (and the companion challenge filed by a high-profile Washington D.C. public interest group) yesterday afternoon. It was a very lively event. And because it was me, there were many lighter moments and even some robust laughter with some back-and-forth banter between us and the judge. Not so much with the Attorney General and the judge. And that…

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Paperwork All Filed in our Challenge to AB 2098; Next Up, the Preliminary Injunction Hearing on January 23rd

Paperwork All Filed in our Challenge to AB 2098; Next Up, the Preliminary Injunction Hearing on January 23rd

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I just filed our reply on our preliminary injunction motion. Here it is: Hoang Final Repyfilingcopy I think you will like it. Here are the Attorney General’s response papers to our motion for a preliminary injunction. Our reply responds to these papers. response calderondeclaration limdeclaration requestjudicialnotice Since the elephant that will be in the courtroom on the 23rd will be Judge Slaughter’s decision in the McDonald case denying a preliminary injunction enjoining AB 2098 (now Section 2270 of the Business…

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Must See CHD TV on AB 2098

Must See CHD TV on AB 2098

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Here is the link to the legal update on CHD’s and PIC’s lawsuit against AB 2098. https://live.childrenshealthdefense.org/chd-tv/shows/good-morning-chd/chd-federal-lawsuit-over-ca-covid-misinformation-bill/ There is an excellent discussion by Dr. Sanjay Verma explaining how often the public health authorities got it wrong during Covid and the lack of science behind the public health decisions we all have been living with for the past three years. And I always have a good time when FG&J get together (Ray Flores, Greg Glaser, and yours truly). (Hopefully, they edited…

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Here is the Defender’s Article about Hoang v. Bonta

Here is the Defender’s Article about Hoang v. Bonta

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couldn’t have said it better! https://www.linkedin.com/posts/ray-l-flores-ii-8b302b15_chd-files-motion-to-prevent-california-from-activity-7006860507873755136-ZepV?utm_source=share&utm_medium=member_desktop Rick Jaffe, Esq.

Preliminary Injunction Motion filed in our AB 2098 Challenge

Preliminary Injunction Motion filed in our AB 2098 Challenge

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Yesterday afternoon, we filed the initial papers for a preliminary injunction in our lawsuit challenging Cali. AB 2098, the misinformed Covid misinformation bill which is set to take effect on January 1st. The hearing is set for January 17th before District Judge Dale A. Drozd, who currently doing law and motion hearings (like out motion) by Zoom. But the date and judge are a bit up in the air because our case is “related” to the Hoeg v. Newsom case…

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I’ve been pretty quiet for some time. Here is why: Hoang v. Bonta, challenging AB 2098

I’ve been pretty quiet for some time. Here is why: Hoang v. Bonta, challenging AB 2098

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Thursday afternoon, December 1st, we filed a lawsuit challenging California AB 2098 on behalf of a California osteopathic physician, LeTrinh Hoang, Physicians for Informed Consent, and Children’s Health Defense (California chapter). Here is the complaint: complaint Bobby K. and Mary Holland are working on the case with me (and my usual compatriots). Mary is working on the preliminary injunction motion as I write this. We expect to be before a federal judge in mid-January. Our case is somewhat different from…

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Round Two coming up in the AB 2098 Cali. Covid “Misinformation” Wars

Round Two coming up in the AB 2098 Cali. Covid “Misinformation” Wars

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As I’ve stated in many of my AB 2098 posts, there will be several lawsuits challenging AB 2098. The first one was filed a couple of days ago. The plaintiffs are a psychiatrist who is already under investigation for public Covid misinformation to the public. The other plaintiff is a well-known physician activist who has a concierge practice in Orange country. I’ve seen the complaint, but I don’t think the preliminary injunction papers have been filed yet. I have been…

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AB 2098, some final thoughts before the Governor does what he’s going to do

AB 2098, some final thoughts before the Governor does what he’s going to do

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I’ve read that Governor Newsom has over 500 bill sitting on his desk waiting for his signature. One of them is AB 2098, which would make it a disciplinable offense for a physician to provide a patient with advice or treatment recommendations not consistent with the mainstream ever-changing and often backtracking Covid narrative. I and many others have written much about the bill and why it’s a bad idea. And of course, I have sued the Medical Board for its…

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Paperwork on the Mackenzie Preliminary Injunction Motion Done, and more surprising stuff comes out

Paperwork on the Mackenzie Preliminary Injunction Motion Done, and more surprising stuff comes out

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As you all know, back in early July, I filed a lawsuit against the Cali. Medical Board for starting an unconstitutional investigation against a Cali physician based on a complaint about his public comments during a school board Zoom meeting. You’ll recall that the Federation of State Medical Board back in July, 2021 called for its member boards to pursue its licensees for speaking out against the mainstream Covid narrative. Back in February 2022, Board President Kristina Lawson, JD announced…

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Breaking News! You’re not Going to Believe what the Cali. Medical Board is NOT Doing!

Breaking News! You’re not Going to Believe what the Cali. Medical Board is NOT Doing!

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As many of you know, I have been hard at work on a big First Amendment case to stop the Cali. Medical Board (and maybe soon other medical boards soon) from investigating physicians for their public criticism of the mainstream Covid narrative. I happen to think that a physician has an unfettered right to express her opinion about matters of public health without the threat of professional discipline. While medical boards might have jurisdiction to oversee the standard of care…

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