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Dr. Gold Scores Another Legal Victory Over CMB

Standing Tall Against Tyranny and Usurpation 

San Diego, CA. - February 4, 2025

On Tuesday, December 10, 2024, a Superior Court judge delivered a precedent-setting decision in Dr. Simone Gold’s landmark free speech case against the California Medical Board (CMB). As we previously reported, Dr. Gold emerged victorious over the CMB last year, overcoming their fraudulent witch hunt and flagrant abuse of power.

In 2023, Dr. Gold sued the CMB in federal court in response to their illegal and unrelenting efforts to silence her and revoke her physician license. During a 3-day medical licensing hearing, the CMB alleged that Dr. Gold was devoid of professional ethics and judgement due to her misdemeanor presence at the U.S. Capitol on January 6. The CMB charged that Dr. Gold's actions that day were “substantially related to the qualifications, functions, or duties of a physician.” This was a shocking pivot from their original accusation of spreading COVID-19 “misinformation.” 

After the conclusion of the hearing, an Administrative Law Judge (ALJ) vindicated Dr. Gold by ruling that the CMB cannot revoke her physician license. However, the judge concurred with the CMB’s J6 claims, ordering that she be publicly reprimanded by the medical board and required to take a medical ethics course. Despite the legal victory in retaining her license, Dr. Gold recognized that an outstanding physician with a flawless track record should not be subjected to an absurd reprimand or ethics course. Further, allowing the CMB to continue its unchecked abuse of power sets a dangerous precedent. Dr. Gold and her legal team immediately submitted a writ of mandate (appeal) to the Superior Court of California. 

San Diego Superior Court Judge Michael T. Smyth found that the CMB had failed to show with clear and convincing evidence that Dr. Gold’s conduct on J6 was “substantially related” to her role as a physician - vacating the California Medical Board’s public reprimand and Dr. Gold’s requirement to take a medical ethics course. In addition, the judge awarded Dr. Gold financial relief for litigation costs which the CMB will now have to pay her for. 

In a statement following this remarkable ruling, Dr. Gold said, “The initial trial verdict was a victory by any definition. I appealed because what the government did was wrong. The California Medical Board has absolutely no authority to sanction doctors for nonmedical misdemeanors. George Washington warned us about usurpation and the courts must hold these executive agencies accountable. I am thankful for my excellent attorneys who believed in my vision for victory. I have been vindicated and together we have set a historic precedent for any licensed professional battling usurpation in the future.” 

Lead Attorney Heather Gibson added, “It’s a sad day in America when the awesome and virtually unlimited power of the agencies of government is wrongfully brought to bear on productive patriots. Fortunately, there are still a few individuals in the system who can intervene under the right circumstances on behalf of individuals like Dr. Gold, who refuse to surrender. I am so proud to have acted on her behalf.”

If the California Medical Board cannot successfully appeal the Superior Court’s decision, the federal stay will be lifted and Dr. Gold’s federal case will proceed. Stay tuned for updates on Dr. Gold’s unwavering fight to safeguard our freedoms!

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Media Contact Lisa Alexander, Communications Director | Media@AFLDS.org


 


Unless we put medical freedom into the Constitution, the time will come when medicine will organize into an undercover dictatorship to restrict the art of healing to one class of Men and deny equal privileges to others; the Constitution of this republic should make special privilege for medical freedom as well as religious freedom."

DR. BENJAMIN RUSH