A Modest Proposal on How to Defeat California's AB2098

The entire bill relies on ONE word "consensus"... Show them that there is no consensus!

There is a major furor happening over California’s AB2098, a bill intended to silence California’s doctors over Covid matters. I fully share the indignation. Fortunately, we are lucky because this law is very poorly written and should be easily defeated.

As I will explain, the construct of the entire law — due to the stupidity of its non-lawyer, pediatrician author Richard Pan — is literally standing on one word “consensus” mentioned in Section 2.

Mind you, “consensus” means “near-unanimous agreement”. It is fairly obvious that by October of 2022, such a unanimous agreement about most matters of COVID does NOT exist, not only among “scientists” or “doctors”, but also among the world’s health authorities or governments.

Therefore, all we need to demolish this law is to have Covid-skeptical luminaries of the world write an open letter showing that CONSENSUS REGARDING COVID-19 VACCINES AND TREATMENTS DOES NOT EXIST!

I would like to post my analysis of this law and an explanation of what specific action to take to defeat it, based on several specific mistakes in the bill that makes it very vulnerable to a challenge.

Take a look at this law:

This law is just one page of fairly simple text, that is written very poorly and is open to several challenges. I will ONLY discuss one — but the most important — way to challenge it. This law is also open to other challenges such as First Amendment-related concerns that people endlessly wrote about. I will not discuss First Amendment-related matters in regard to this law, because I have nothing to add there.

The Law’s Defective Logic

What is the law saying?

  • It is unprofessional conduct to disseminate misinformation or disinformation
  • Disinformation means misinformation (no kidding) disseminated with “malicious intent”
  • “Misinformation” means false information that is contradicted by contemporary scientific consensus

So, what the law boils down to, is that it is unprofessional conduct to disseminate medical opinions “contradicted by contemporary scientific consensus”.

Hm…

Contemporary Scientific Consensus? What Consensus?

Is there really a contemporary scientific consensus regarding Covid-19 or Covid vaccines? To answer this question, we need to revisit the word “consensus”. This old Latin word has a very definite meaning of a “near-unanimous agreement”.

Consensus only exists when almost everyone agrees. Otherwise, there is no consensus — by definition!

There is absolutely no “consensus” or “group solidarity” in matters of Covid or Covid vaccines — even in public health! Consider, for example, Covid vaccines for children aged 0-5.

  • Covid vaccines ARE recommended for kids 0-5 in California
  • Covid vaccines are NOT recommended (but available) for any children in Florida
  • Covid Vaccines are BANNED for kids 0-5 in Denmark or in the UK — not a single child can get them

Now look at Covid boosters:

  • Covid boosters are recommended for everyone over 12 in California
  • Covid boosters are NOT GIVEN in Denmark and in the UK for the general population under 50.

Where is the consensus, exactly?

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