July 8, 2022 – Sacramento, California.  Attorney Richard Jaffe has filed a lawsuit in the Eastern District of California against the California Medical Board on behalf of a California licensed surgeon, Douglas Mackenzie, MD.  Dr. Mackenzie is being investigated by the California Medical Board after a complaint was filed against him for speaking critically at a school board zoom meeting regarding public health measures that had been taken in response to the pandemic. The board is accusing Dr. Mackenzie of spreading Covid misinformation.  Dr. Mackenzie faces the same accusations leveled against AFLDS founder, Dr. Simone Gold.

Dr. Mackenzie’s case is strictly a free speech lawsuit.  Attorney Jaffe explained:

“This is a First Amendment challenge to the Medical Board of California’s attempt to intimidate by investigation, censor, and sanction physicians who publicly disagree with the government’s ever-evolving, erratic, and contradictory public health Covid edicts.”

The lawsuit rightfully alleges that sanctioning physicians for publicly voicing opinions on Covid treatments, mandates, vaccines, etc., is a direct violation of their first amendment right to free speech. Unlike lawsuits over Covid mandates, sanctioning physicians strictly based on their speech in public forums does not involve science or arguing with judges over whose expert has the scientifically accurate view on Covid. Mr. Jaffe explains this as "viewpoint discrimination." Viewpoint discrimination has occurred widely since 2020, whenever someone shares a viewpoint that goes against the mainstream narrative. 

We at AFLDS are hopeful this case will prevail.  In this case, the judge can focus solely on the clear violation of the Constitution presented by this attempted silencing of Dr. Mackenzie as opposed to the public health “threats” that they review with mandate issues. 

Though California has taken one of the most extreme approaches, sadly it is not the only state threatening and attempting to silence doctors, California has recently introduced legislation, AB 2098 which is designed to take away medical licenses of physicians for spreading Covid disinformation, You can learn more about this tyrannical bill here.  https://aflds.org/about-us/issue-briefs/issue-brief-california-assembly-bill-2098/ 

These sentiments are well expressed in paragraph 15 of Mr. Jaffe’s well-written complaint: 

“Whatever else can be said, it is surely true that this an important First Amendment case with ramifications beyond the Plaintiff and even one state medical board. It is important that this federal court clearly and firmly tell the Board, the Federation and signal to medical boards around the country that the First Amendment means that licensing boards cannot not stop, punish or even investigate its licensees for speaking out in public against mainstream opinions about matter of great public consequence just because the agency disagrees with the view point expressed.” (LINK TO COMPLAINT)

We are proud to support Attorney Jaffe with this lawsuit and are eager to support him in filing lawsuits against other similar, unlawful actions taken by corrupt medical boards. Your support goes directly to the important work being done by Mr. Jaffe and other attorneys to protect physicians' free speech. This is an issue of utmost importance to AFLDS.  A doctor who cannot speak freely cannot properly treat patients.  Physicians’ free speech is the footstone of healthcare. 

About AFLDS

America's Frontline Doctors is the nation's premier Civil Liberties Organization. Our mission is to provide We The People with independent information from the world's top experts in medicine and law so you can be empowered with facts, protect your health, and exert your inalienable and Constitutionally guaranteed rights. AFLDS.org   

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Lisa Alexander

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Media@AFLDS.org