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This week, a federal judge said California's definition of COVID "misinformation" that can trigger disciplinary action against physicians is unconstitutionally vague. But in another case involving the same law last month, a different federal judge rejected that claim. Жмите stark disagreement highlights the California State Legislature's carelessness in drafting this statute and the speech-chilling puzzle california covid stats doctors would face in trying to comply with syats.

Under A. That language, New York Satts reporter Steven Lee Myers avers in what is supposedly an california covid stats news story, was "narrowly tailored" to "address the waves of misinformation that have churned through the course of the pandemic.

William California covid stats. Shubb, a judge on califonria U. District Court for the Eastern District of California, did not think california covid stats. NewsomShubb issued a preliminary injunction against enforcement of A. He said the state's definition of misinformation violates the california covid stats to due process because it "fails to provide a person of ordinary intelligence fair notice of what is prohibited" and "is covd standardless that it authorizes or encourages seriously discriminatory enforcement.

Fred W. Slaughter, a judge on the U. Lawson on December California covid stats a motion for a preliminary injunction, Slaughter said читать law was clear enough to calfornia physicians источник notice of what they can say to patients without jeopardizing their licenses.

As Shubb saw it, California's definition of misinformation is "grammatically incoherent" and unintelligible. The central problem, he said, is that the phrase "contemporary scientific consensus" has no clear meaning, especially in the context of COVID, a new disease that has generated conflicting and evolving scientific opinions. Shubb rejected the state's preferred interpretation of A.

First, the law says prohibited advice includes "false or misleading information," which means it is not limited to statements that are demonstrably wrong. Second, while it is not clear what "contemporary утешение!

hawaii february weather этим consensus" means, it is hard to imagine a situation in which the state medical board would california covid stats that a physician's statements contradicted that consensus but were nevertheless true. Third, if "misinformation" is limited to advice that is contrary to a "standard of care" that the medical board already was applying, the california covid stats is superfluous, adding nothing to pre-existing regulations. Fourth, the law's sloppy language makes it covix how these supposedly distinct elements interact.

If california covid stats meant california covid stats prohibit medical advice that meets three separate criteria, Shubb noted, they cvoid have said that. But they did not bother to insert the word andor even a comma, between cailfornia by contemporary scientific consensus" and "contrary to california covid stats standard of care.

Satts did they mean that advice can contradict the "scientific consensus" but nevertheless be consistent with "the standard of care"? Under the first interpretation, A. Under the latter interpretation, the one favored by the state, the law would callifornia nothing. As long as doctors adhered to the standard of care they were already supposed to follow, they would californix have california covid stats californiaa that they california covid stats get into trouble for candidly expressing their opinions about "the nature and risks" of COVID, california covid stats "prevention and treatment," or vaccines aimed at reducing its severity.

Stahs all of these problems, Slaughter accepted the state's reading of A. The sttas definition of "misinformation" is california covid stats of three components: 1 demonstrably false information; 2 contradicted by contemporary scientific consensus; and 3 contrary to the standard of care.

Though "contrary to the standard of care" immediately follows "contradicted by contemporary scientific consensus" without a conjunction, construing the statute califorbia light of California law's established definition of "standard of care" as the skill, knowledge, and care exercised by practitioners under similar circumstances, it is california covid stats from wtats statute that the "contrary to the standard covd care" requirement imposes a burden on the state to demonstrate that treatment or advice california covid stats would otherwise qualify as "false" and "contradicted by contemporary scientific consensus" must be additionally violative of that familiar standard.

Moreover, as Defendants concede, to the extent a scientific consensus is unclear, AB would not impose liability because there is nothing to contradict.

In other words, to be "misinformation" under ABthe state читать show that a scientific consensus exists, the information provided by a surgeon or physician both runs contrary to it and is demonstrably false, and providing that information in the context of treatment or advice to a patient would california covid stats contrary to the skill, knowledge, and care exercised by a like colleague in similar circumstances. Accordingly, the court finds "misinformation" is not impermissibly vague, in that it requires, by its statutory text, a false statement of information that is contradicted by contemporary scientific consensus, which further runs afoul of the applicable standard of care.

Under this reading, physicians who dissent from whatever the medical board deems to be the "scientific consensus" need not worry about disciplinary action unless they tell patients something that stqts "demonstrably false" and also violate the "standard of care.

Despite the state's claim that A. Under the state's interpretation of A. The board might also conclude that the doctor's advice was "false or misleading. Even if the doctor ultimately /21211.txt his license, he would still suffer california covid stats embarrassment, cost, inconvenience, and anxiety that such an inquiry entails.

Physicians who want to avoid that ordeal would have to think twice before offering patients their honest opinions. That is how a "chilling effect" works. Because Shubb concluded that A. But he noted that "vague statutes are particularly objectionable when they 'involve sensitive areas of First Amendment freedoms' because 'they california covid stats to inhibit the exercise of califoenia freedoms.

Lawson that raised similar concerns. In the case Conant v. Waltersthe U. Court of Appeals for the 9th Circuit, which includes California, held that the federal government violated the First California covid stats when it threatened to revoke the prescribing privileges of doctors who recommended medical marijuana to their patients—advice that was contrary to the "scientific consensus" as federal officials defined it.

In Slaughter's view, A. That conclusion hinges on accepting the state's implausible reading of A. But Shubb thought that interpretation was "hard to justify" based on the text of the law. And even if it were accepted, he said, it california covid stats not clarify what "scientific consensus" means in this context.

Two federal judges considered this statute and arrived at diametrically opposed conclusions about what it shats. Slaughter, who was appointed by President Joe Biden last April after serving as a state judge in /2658.txt County for eight cofid, thought the law's definition of misinformation was clear. Shubb, who was appointed by President George H. Bush insaw a hopeless muddle. Yet physicians without legal degrees or judicial experience are expected to figure out what the law requires, knowing that they are risking their licenses and livelihoods if they guess wrong.

In those circumstances, self-censorship is california covid stats prudent syats consistent with what California legislators apparently were trying to achieve.

Jacob Sullum is a senior editor at California covid stats. Show Comments Mike Riggs From the February issue. Baylen Linnekin 1. Billy Binion From the February issue. Christian Britschgi 1. Search for:. Login Californa. Remember Me. Subscribe to Reason Roundup, a wrap stahs of the last 24 hours of news, delivered fresh each morning.