Is Free Speech Under Attack in this Country?
- Thread starter sturg33
- Start date
cajunrevenge
Well-known member
Play stupid games win stupid prizes.
cajunrevenge
Well-known member
Is there a fine amount he would actually pay?
cajunrevenge
Well-known member
Where was this Sturg during the dark Trump years.
zitothebrave
Connoisseur of Minors
sturg33
I
Please educate me
cajunrevenge
Well-known member
Remembe that Insulin twatter that resulted in billions lost in stock value? Now what happens when someone does that to politicians.... probably not the best idea to insult the politicians when they complain about it to him.
zitothebrave
Connoisseur of Minors
Someone made a fake twitter profile that was verified as an official government account in Nov 2022 for someone who's had an account since 2009.
THis was not an issue before ELon's **** verification system.
sturg33
I
Yes but that is not what I posted about.
I posted about a member of Congress threatening Musk after musk criticized that member... And then a journalist reminding us all why criticizing government is a bad move for musk
zitothebrave
Connoisseur of Minors
What member of congress did you share threatening musk? I see your journalist post, but again you missed the point that the Journalist was reminding Musk that if he doesn't want a congressional hearing on the safety of twitter's verification process, he may want to shape it up.
sturg33
I
[Tw]1591827463583453190[/tw]
cajunrevenge
Well-known member
Lol
acesfull86
Well-known member
https://reason.com/2022/11/15/the-aclu-says-californias-ban-on-covid-19-misinformation-from-doctors-is-gratuitous-and-unconstitutional/
A California law that threatens to punish doctors who disseminate COVID-19 "misinformation" is gratuitous and unconstitutional, two chapters of the American Civil Liberties Union (ACLU) argue in a brief they filed in federal court last week. The ACLU of Northern California and the ACLU of Southern California say decisions by the U.S. Court of Appeals for the 9th Circuit, which includes California, make it clear that the law, A.B. 2098, is inconsistent with the First Amendment.
"Under the Ninth Circuit's well-established framework for evaluating regulations of healthcare professionals, AB 2098 sweeps in exactly the kind of protected speech physicians rely on in their doctor-patient relationships," the brief says. "AB 2098 is a content-based regulation encompassing speech protected by the First Amendment. Strict scrutiny therefore applies." The ACLU adds that the state has not come close to meeting that test.
A.B. 2098, which is scheduled to take effect on January 1, redefines the "unprofessional conduct" policed by the Medical Board of California (MBC), a state agency charged with licensing and disciplining physicians, to include COVID-19 "misinformation." That category includes "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." Medical advice qualifies as "misinformation" when it is "contradicted by contemporary scientific consensus."
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"Is information false because it is 'contradicted by contemporary scientific consensus' and (or?) 'contrary to the standard of care'?" the motion asks. "Or is falsity a separate requirement? How does a court decide 'falsity' in the context of scientific questions that are, and will always remain, matters of hypothesis and study? When is falsity determined: at the time of the statement, or given how the evidence has developed? What is a 'scientific consensus,' and how is a court to determine it? When is 'contemporary': when the statement was made, or at another point? Whose 'standard of care' matters? Does the information have to be both contradicted by consensus and contrary to the standard of care?"
Consider advice about the benefits of face masks in preventing COVID-19 transmission, a subject on which official guidance evolved during the course of the pandemic. The Centers for Disease Control and Prevention (CDC) initially dismissed the value of general masking, then embraced it as "the most important, powerful public health tool we have." More recently, it has conceded that commonly used cloth masks do little, if anything, to stop coronavirus transmission.
Imagine a doctor who was advising patients in March 2020, when the CDC was still saying that healthy people who are not caring for COVID-19 patients "do not need to wear masks." Suppose the doctor "disregarded the consensus guidance not to wear masks," the LJC says, "and advised his patients that they needed to wear N95 masks to have the best protection from COVID"—the position that the CDC eventually adopted. "Was that advice false?" the LJC asks. "When? Was it contradicted by a contemporary scientific consensus? Which consensus? When? Was it contrary to a standard of care? Was it all three? If it was all three, but is now none, does it matter? The statute answers none of these questions, all of which are crucial to understanding the law."
A California law that threatens to punish doctors who disseminate COVID-19 "misinformation" is gratuitous and unconstitutional, two chapters of the American Civil Liberties Union (ACLU) argue in a brief they filed in federal court last week. The ACLU of Northern California and the ACLU of Southern California say decisions by the U.S. Court of Appeals for the 9th Circuit, which includes California, make it clear that the law, A.B. 2098, is inconsistent with the First Amendment.
"Under the Ninth Circuit's well-established framework for evaluating regulations of healthcare professionals, AB 2098 sweeps in exactly the kind of protected speech physicians rely on in their doctor-patient relationships," the brief says. "AB 2098 is a content-based regulation encompassing speech protected by the First Amendment. Strict scrutiny therefore applies." The ACLU adds that the state has not come close to meeting that test.
A.B. 2098, which is scheduled to take effect on January 1, redefines the "unprofessional conduct" policed by the Medical Board of California (MBC), a state agency charged with licensing and disciplining physicians, to include COVID-19 "misinformation." That category includes "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." Medical advice qualifies as "misinformation" when it is "contradicted by contemporary scientific consensus."
…
"Is information false because it is 'contradicted by contemporary scientific consensus' and (or?) 'contrary to the standard of care'?" the motion asks. "Or is falsity a separate requirement? How does a court decide 'falsity' in the context of scientific questions that are, and will always remain, matters of hypothesis and study? When is falsity determined: at the time of the statement, or given how the evidence has developed? What is a 'scientific consensus,' and how is a court to determine it? When is 'contemporary': when the statement was made, or at another point? Whose 'standard of care' matters? Does the information have to be both contradicted by consensus and contrary to the standard of care?"
Consider advice about the benefits of face masks in preventing COVID-19 transmission, a subject on which official guidance evolved during the course of the pandemic. The Centers for Disease Control and Prevention (CDC) initially dismissed the value of general masking, then embraced it as "the most important, powerful public health tool we have." More recently, it has conceded that commonly used cloth masks do little, if anything, to stop coronavirus transmission.
Imagine a doctor who was advising patients in March 2020, when the CDC was still saying that healthy people who are not caring for COVID-19 patients "do not need to wear masks." Suppose the doctor "disregarded the consensus guidance not to wear masks," the LJC says, "and advised his patients that they needed to wear N95 masks to have the best protection from COVID"—the position that the CDC eventually adopted. "Was that advice false?" the LJC asks. "When? Was it contradicted by a contemporary scientific consensus? Which consensus? When? Was it contrary to a standard of care? Was it all three? If it was all three, but is now none, does it matter? The statute answers none of these questions, all of which are crucial to understanding the law."