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(LifeSiteNews) — A California judge has forbidden medical boards from investigating, prosecuting, accusing, or sanctioning doctors “based on the viewpoint of the information, recommendations, or advice they give a patient about COVID-19, including their departure from the position of the public health authorities.”
While the ruling technically applies only to three doctors who were plaintiffs in the case, Kory v. Bonta, according to their attorney, Richard Jaffe, the judge’s order “puts the boards on notice that a federal judge has found their Covid misinformation policy unconstitutional under the First Amendment.”
“Every investigator and every board member now knows how this judge sees it,” said Jaffe. “Any board employee who opens or continues a Covid misinformation investigation from here on is doing it with a federal injunction and a federal ruling on the record, and with no ability to say later that nobody told them.”
United States District Judge William B. Shubb “ordered not only California’s Attorney General but also the Medical Board of California and the Osteopathic Medical Board, as well as ANYONE acting on their behalf, to stop investigating us, stop prosecuting us, stop harassing us,” wrote lead plaintiff Dr. Pierre Kory in a celebratory Substack post.
“Most importantly, stop threatening our licenses over any professional opinions we might share with our own patients about Covid-19, the ‘vaccines,’ ivermectin, anything,” he added.
The judge’s order makes an important distinction: medical boards are not prevented from investigating, prosecuting, or disciplining doctors for actual fraud or negligent treatment.
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In 2022, Democratic Gov. Gavin Newsom signed Orwellian Assembly Bill 2098 into law. The measure considered medical doctors and surgeons to be guilty of “unprofessional conduct” if they “disseminate misinformation or disinformation related to COVID-19, including false or misleading information regarding the nature and risks of the virus, its prevention and treatment; and the development, safety, and effectiveness of COVID-19 vaccines.”
The legislation also subjected physicians found to have violated the law to disciplinary action from the Medical Board of California and the Osteopathic Medical Board of California, including potential suspension of medical licenses.
“American physicians in that state, where I was licensed at the time, would have been literally forced to spew state propaganda in our patients’ ears or we would have lost our licenses. Not for fraud. Not for malpractice. No, it would have been for having a different medical opinion from that of our ‘beloved,’ government health agencies led by Saint Fauci,” wrote Kory, who further noted in a “beautiful twist of fate” that Fauci was recommended by the U.S. Senate for a contempt of Congress charge within hours of Judge Shubb’s ruling.
“The penalty would have been our licenses, which is to say our careers, our livelihoods, and our ability to care for the people who came to us precisely because we would tell them the truth as we saw it,” Kory explained. “The state took the most personal conversation in medicine, the one between a doctor and a frightened patient, and tried to put its own words in our mouths, with our licenses held as collateral to make sure we complied.”
Mincing no words, Kory noted that the new ruling means that the medical boards and government can “no longer … punish us for telling our own patients the truth as we saw it: that in our medical judgment the state was coercing and mandating its citizens into receiving toxic, lethal, ineffective, illogical, and experimental gene therapies, and that we would not pretend otherwise.”
“We continue to have the freedom, even in Clownifornia, to both hold and freely express opinions that contradict those of the priesthood within public health and academia,” he continued. The judge’s order “protects us right now, today, from the machine that spent years trying to grind down doctors who would not read from the state’s script.”
“The sad reality of it all is that we had to learn that a government that can tell your doctor what he is allowed to say can basically tell your doctor to lie to you,” concluded Kory. “Free speech prevailed. We do not have to parrot pharma-government nonsense to keep our licenses.”
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A doctor’s duty is to the patient, not the state
“California officials and medical regulators were willing to destroy physicians’ careers for departing from an official COVID narrative presented as objective, settled science,” said Rita Barnett-Rose in a piece penned for the California Globe. “We now know that much of that narrative was shaped by officials who possessed contrary information, suppressed or massaged inconvenient facts, and made public-health messaging decisions with political, policy and litigation objectives in mind.”
“The ‘scientific consensus’ California enforced with the threat of a doctor’s license was not some pristine body of objective scientific truth handed down from on high,” said Barnett-Rose. “It was being constructed by human beings with agendas, institutional interests and enormous power—and some of the doctors California sought to silence may have been far closer to the truth than the officials demanding their conformity.”
“At the heart of the doctor-patient relationship is a physician’s duty to exercise independent medical judgment and to speak honestly to the patient sitting before him about what he believes is the best course of care. That duty runs to the patient—not to the CDC, the California Department of Public Health, the Medical Board, or the State,” she declared.
