Medical Board Seeks Dismissal Of 1st Amendment Challenge To Its Investigatory Powers

Mealey's (August 16, 2022, 12:52 PM EDT) -- SACRAMENTO, Calif. — The executive director of the Medical Board of California on Aug. 11 moved to dismiss for failure to state a claim and lack of standing the first amended complaint of a doctor and a physicians’ organization seeking to enjoin the board from investigating a complaint concerning the doctor’s COVID-19-related statements at a school board meeting and from conducting ongoing and future investigations of dissemination of COVID-19 misinformation by California doctors based on any physician’s public speech about public health matters, alleging that such investigations violate the First Amendment....