1st Amd. Issues in Suit Against FTC; NCLA Supports Doctors’ Against Law Censoring Covid Med Advice

First Amendment Issues in Lawsuit Against FTC

NCLA filed a Motion to Dismiss the Federal Trade Commission’s (FTC) lawsuit against Precision Patient Outcomes, Inc. (PPO), and its CEO, Margrett Lewis. NCLA argues FTC cannot rightfully exercise executive power by initiating and prosecuting this lawsuit, especially considering the Justice Department refused to bring this case. Congress cannot empower FTC Commissioners to file lawsuits while shielding them from at-will removal by the President.

Vec discusses the First Amendment issues in FTC v. PPO.

NCLA Supports Doctors’ Suits Against California Law Censoring Covid Medical Advice

NCLA filed an amicus curiae brief in the U.S. Court of Appeals for the Ninth Circuit in support of plaintiffs challenging Assembly Bill 2098, which empowers the Medical Board of California to discipline physicians who “disseminate” information regarding Covid-19 that departs from the “contemporary scientific consensus.” Last month, NCLA obtained a preliminary injunction on behalf of five doctors in a successful challenge to the same law in Høeg, et al. v. Newsom, et al. The State of California is not appealing that loss. It apparently prefers to defend appeals against the unsuccessful plaintiffs in McDonald v. Lawson (from the Central District of Calif.) and Couris v. Lawson (from a stay in the Southern District of Calif.). NCLA’s amicus brief will ensure that the Ninth Circuit sees the arguments that prevailed before Judge William Shubb in the Eastern District of Calif. in Høeg v. Newsom.

Mark and Vec discuss NCLA’s amicus brief against AB 2098.