The California doctors argue that Assembly Bill 2098 violates their 1st and 14th Amendment rights by limiting free speech as well as disregarding due process with its vague definition of “misinformation,” which requires doctors to adhere to the “scientific consensus” around COVID. Though “consensus” is not defined, doctors risk “losing their medical license” for failing to comply with the law.

“It has a chilling effect on physicians,” Kheriaty said. “If physicians aren’t sure whether what they’re about to say violates the law, then they’re just going to read from a script prepared by the California Department of Public Health.”