What the Democrats want to repeal.
I think today’s blacklist story about a lawsuit by five California doctors against a state law that was passed by the Democrat-controlled state legislature and signed by Democrat governor Gavin Newsom, is a perfect blacklist story for today, election day.
Two years ago, at the beginning of the Biden administration, I noticed an immediate change in the behavior of Democratic Party politicians and their supporters. No longer were they whispering about their desire to silence their opponents. Suddenly they were open and aggressive about it, calling for blacklists and commissions, as Congresswoman Alexandria Ocasio-Cortez (D-NY) enthused, “…to figure out how we rein in our media environment so you can’t just spew disinformation and misinformation.” Here is what I suggested they do:
Hey, Alexandria, I’ve got the perfect name for your congressional commission. Why not call it the House Un-American Activities Committee? You could subpoena right-wing writers and journalists to testify against their will in Congress, demanding to know their party affiliations. You could also set up lists of these proven conservatives so that businesses nationwide can blacklist them and keep them from working.
As it turned out, the Democrats did exactly this, though their commission was instead named the January 6th commission, supposedly focused on punishing anyone involved in the entirely legal demonstrations that occurred in DC that day. At no time in the past two years has that commission, or Biden’s Department of Justice, showed the slightest interest in investigating actual political violence. No, instead, the goal has been to persecute ordinary people and slander entirely innocent politicians.
Nor has the Democratic Party’s campaign against free speech and personal liberty been limited to this commission. I started my blacklist column at that time because the number of examples of blacklisting, censorship, and abuse of power by the left, both in and out of that party and among its supporters, had become so numerous I realized if I reported every case as it happened, my website would be swamped. Instead, I decided to cover one per day, to make it clear how much these thugs were normalizing this goonlike behavior. After two years, that column now lists more than four hundred examples of blacklists and abuse of power, almost all of which were done by the Democratic Party or its supporters on the left.
The law under dispute in California is a perfect example. Passed in September, 2022, it forbids any doctor from saying anything the government doesn’t like, or face the loss of their medical license for “unprofessional conduct.” Below is the bill’s specific but very vague wording, designed to allow the government to punish almost all medical professionals for anything they might say or publish, merely because someone in the government disagrees with it:
It shall constitute unprofessional conduct for a physician and surgeon to disseminate misinformation or disinformation related to COVID-19, including 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.
The government in this case is of course entirely controlled by the Democratic Party, so its intentions are very clear. “Don’t you dare criticize the Democratic Party’s policies on the Wuhan flu, or we will destroy you!”
The five physicians, with the legal support of the non-partisan legal aid organization, the New Civil Liberties Alliance (NCLA), are suing because this law violates their first amendment rights, and has already been used in California to threaten doctors who refuse to toe the line.
The term “contemporary scientific consensus” is undefined in the law and is arguably undefinable, which violates Plaintiffs’ Fourteenth Amendment rights to due process of law. Practically speaking, no doctor can know, at any given time, the “consensus” of doctors and scientists on various matters related to prevention and treatment of Covid-19. AB 2098 is thus also void for vagueness. Even if consensus could be defined and known, scientific and medical progress is made when doctors can use their own judgment based on their knowledge, experience, and research, and their patients’ individual circumstances. They should not be bound by a so-called consensus that will always lag the science. AB 2098 also subjects Plaintiffs to discipline and negative professional consequences (including loss of license) for conveying non-consensus messages to their patients. For this reason, the new law practices viewpoint discrimination and creates a severe chilling effect, in direct violation of the First Amendment.
Any child older than ten and capable of reading the Bill of Rights and this bill can see without question the bill’s immoral illegality. And yet, this law is a perfect expression of what the Democratic Party now stands for.
It is almost certain the doctors will win their case. And if today’s election goes as badly as it should for the Democratic Party that victory will be more quickly assured.
But if the Democrats maintain their power after today, expect them to move even harder to cancel the Bill of Rights while oppressing their opponents and anyone who dares challenge them. They want freedom to die, and will do all in their power to kill it as quickly as possible.
Let us hope today’s election however signals a major political shift. In 2020, that election caused a major normalization of blacklisting, political violence, and oppression. In 2022, the public has now the opportunity to signal a different shift, towards, freedom, liberty, and the restoration of American republican values.