California just passed a law that would punish doctors for spreading misinformation to patients about COVID-19. They define misinformation as “false information that is contradicted by contemporary scientific consensus contrary to the standard of care.” Some doctors argue that with something as evolving and unknown as a virus, there are plenty of legitimate differences of opinion about the best practices. Others think that the law only focuses on “extreme deviation from scientific standards of care and consensus” and of no serious threat to doctors. (Poynter, October 27, 2022, by Seth Smalley)
The California law runs flat up against the First Amendment. While there is a compelling interests in protecting the public from bogus treatments, the law may have a chilling effect on speech. A group of doctors filed a lawsuit calling the law’s definition of misinformation “hopelessly vague.” (The New York Times, August 29, 2022, by Steven Lee Myers)