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To: Bayard

1st amendment is dead in California?


Only until it hits the supreme court.


8 posted on 10/12/2022 5:35:48 AM PDT by cuban leaf (My prediction: Harris is Spiro Agnew. We'll soon see who becomes Gerald Ford, and our next prez.)
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To: cuban leaf

I’m not sure the first amendment issue is the best argument. The Supreme Court had recognized limitations on the first amendment not being absolute. I would be concerned that the argument maybe that misinformation would be akin to the proverbial yelling fire in a crowded theater.

While this law is clearly immoral on its face and government overreach, I would tend to think the better argument is that there is already a pathway for relief in a malpractice suite. If a physician commits the act of malpractice which would clearly include misinformation, the remedy would be a civil lawsuit. No need for this law which would be capricious and whimsically enforced.

I think this is the dagger argument in the heart of a court challenge to this law.


41 posted on 10/12/2022 6:21:21 AM PDT by gas_dr (Conditions of Socratic debate: Intelligence, Candor, and Good Will. )
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