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    How To Realistically Invest in Apartment Complexes

    Fighting housing shortage: Airbnb & Co should share more data with authorities to prevent fraud 

    Fighting housing shortage: Airbnb & Co should share more data with authorities to prevent fraud 

    How To Transition to Mass-Producing Your Product

    How To Transition to Mass-Producing Your Product

    How To Choose the Right Outdoor Lighting for Your Business

    How To Choose the Right Outdoor Lighting for Your Business

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    Los Angeles implemented a new tax on luxurious real estate to finance affordable housing and combat homelessness

    Los Angeles implemented a new tax on luxurious real estate to finance affordable housing and combat homelessness

    Working shorter hours: 38 companies in the USA are testing the 4-day week

    Working shorter hours: 38 companies in the USA are testing the 4-day week

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      Essential Tips for Planning a Great Fashion Show

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      Outdoor Enthusiasts, Take Note: These Watches Are as Tough as You

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      The Best Leather Jackets for Guys – No Matter Your Budget

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          Florida Gov. Ron DeSantis Injects Presidential Politics Into the Covid Vaccine Debate

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          The Shrinking Number of Primary Care Physicians Is Reaching a Tipping Point

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          Activist Misuses Federal Data to Make False Claim That Covid Vaccines Killed 676,000

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          Illustrated Report: How Gun Violence Goes Viral

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          A New Medicare Proposal Would Cover Training for Family Caregivers

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              Carbon capture draws millions in lobbying, billions in federal subsidies

              Carbon capture draws millions in lobbying, billions in federal subsidies

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              United leads soaring airline industry lobbying spending

              Deep-pocketed dairy industry continues war on plant-based milk as FDA hears comments on new draft guidance

              Deep-pocketed dairy industry continues war on plant-based milk as FDA hears comments on new draft guidance

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              Shein’s lobbying spending soars amid supply chain probes

              Virginia legislative candidates in Richmond and Hampton Roads raked in millions in final primary sprint

              Virginia legislative candidates in Richmond and Hampton Roads raked in millions in final primary sprint

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              Manchin outraises GOP challengers but has yet to announce 2024 plans

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              Gallego outraises Sinema but falls far short of incumbent’s war chest in Arizona Senate race

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              Elon Musk outmuscled by Mark Zuckerberg’s money in politics

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              Amazon lobbyists tout workplace safety improvements ahead of Senate investigation

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                  Fighting housing shortage: Airbnb & Co should share more data with authorities to prevent fraud 

                  Fighting housing shortage: Airbnb & Co should share more data with authorities to prevent fraud 

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                  Los Angeles implemented a new tax on luxurious real estate to finance affordable housing and combat homelessness

                  Los Angeles implemented a new tax on luxurious real estate to finance affordable housing and combat homelessness

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                  Working shorter hours: 38 companies in the USA are testing the 4-day week

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                      Energizing Foods and Drinks To Consume Before a Workout

                      Energizing Foods and Drinks To Consume Before a Workout

                      Classic Beer Styles You Should Know How to Brew

                      Classic Beer Styles You Should Know How to Brew

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                      The Best Flour Alternatives That Work in Any Recipe

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                      Tips for Creating a Homemade Wine Cellar

                      Tips for Creating a Homemade Wine Cellar

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                      How the Wine You Choose Can Help You have an Eco-Friendly Home

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                        Florida Gov. Ron DeSantis Injects Presidential Politics Into the Covid Vaccine Debate

                        Florida Gov. Ron DeSantis Injects Presidential Politics Into the Covid Vaccine Debate

                        Tips for Fitting a Doctor’s Visit Into Your Busy Schedule

                        Tips for Fitting a Doctor’s Visit Into Your Busy Schedule

                        The Shrinking Number of Primary Care Physicians Is Reaching a Tipping Point

                        The Shrinking Number of Primary Care Physicians Is Reaching a Tipping Point

                        Activist Misuses Federal Data to Make False Claim That Covid Vaccines Killed 676,000

                        Activist Misuses Federal Data to Make False Claim That Covid Vaccines Killed 676,000

                        Illustrated Report: How Gun Violence Goes Viral

                        Illustrated Report: How Gun Violence Goes Viral

                        A New Medicare Proposal Would Cover Training for Family Caregivers

                        A New Medicare Proposal Would Cover Training for Family Caregivers

                        New Alzheimer’s Drug Raises Hopes — Along With Questions

                        New Alzheimer’s Drug Raises Hopes — Along With Questions

                        Blood Test That Screens for Cancer Raises Hopes, and Worries

                        Blood Test That Screens for Cancer Raises Hopes, and Worries

                        Medical Debt Is Making Americans Angry. Doctors and Hospitals Ignore This at Their Peril.

                        Medical Debt Is Making Americans Angry. Doctors and Hospitals Ignore This at Their Peril.

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                          Common Dog Owner Mistakes and How To Avoid Them

                          Common Dog Owner Mistakes and How To Avoid Them

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                          3 Reasons To Give an Antique or Vintage Engagement Ring

                          Tim Ferris

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                          Outdoor Luxuries To Add to Your Backyard

                          Strategy and business planning ideas. Chess gold on the board.

                          Why the Friend of My Enemy is My Enemy

                          Huge Money Mistakes New Parents Fall For

                          Huge Money Mistakes New Parents Fall For

                          Energizing Foods and Drinks To Consume Before a Workout

                          Energizing Foods and Drinks To Consume Before a Workout

                          Hobbies That Stimulate Cognitive Function

                          Hobbies That Stimulate Cognitive Function

                          How To Prevent Mold from Growing in a Sauna

                          How To Prevent Mold from Growing in a Sauna

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                          • Politics
                            Carbon capture draws millions in lobbying, billions in federal subsidies

                            Carbon capture draws millions in lobbying, billions in federal subsidies

                            United leads soaring airline industry lobbying spending

                            United leads soaring airline industry lobbying spending

                            Deep-pocketed dairy industry continues war on plant-based milk as FDA hears comments on new draft guidance

                            Deep-pocketed dairy industry continues war on plant-based milk as FDA hears comments on new draft guidance

                            Shein’s lobbying spending soars amid supply chain probes

                            Shein’s lobbying spending soars amid supply chain probes

                            Virginia legislative candidates in Richmond and Hampton Roads raked in millions in final primary sprint

                            Virginia legislative candidates in Richmond and Hampton Roads raked in millions in final primary sprint

                            Manchin outraises GOP challengers but has yet to announce 2024 plans

                            Manchin outraises GOP challengers but has yet to announce 2024 plans

                            Gallego outraises Sinema but falls far short of incumbent’s war chest in Arizona Senate race

                            Gallego outraises Sinema but falls far short of incumbent’s war chest in Arizona Senate race

                            Elon Musk outmuscled by Mark Zuckerberg’s money in politics

                            Elon Musk outmuscled by Mark Zuckerberg’s money in politics

                            Amazon lobbyists tout workplace safety improvements ahead of Senate investigation

                            Amazon lobbyists tout workplace safety improvements ahead of Senate investigation

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                            • Real Estate
                              Ways To Invest in Real Estate With No Experience

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                              How To Make Your Rental Property More Eco-Friendly

                              How To Make Your Rental Property More Eco-Friendly

                              Things To Consider Before Investing in Real Estate Overseas

                              Things To Consider Before Investing in Real Estate Overseas

                              Incredible Areas in Florida To Buy a Vacation Home

                              Incredible Areas in Florida To Buy a Vacation Home

                              Helpful Home Staging Tips for Virtual Tours

                              Helpful Home Staging Tips for Virtual Tours

                              Ways To Decorate and Design a Lake House

                              Ways To Decorate and Design a Lake House

                              Challenges To Managing a Rental Property

                              Challenges To Managing a Rental Property

                              The Best Landlord: How To Show Tenants You Care

                              The Best Landlord: How To Show Tenants You Care

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                              California’s Covid Misinformation Law Is Entangled in Lawsuits, Conflicting Rulings

                              by Staff Writer
                              March 16, 2023
                              in Health
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                              By Bernard J. Wolfson

                              Gov. Gavin Newsom may have been prescient when he acknowledged free speech concerns as he signed California’s covid misinformation bill last fall. In a message to lawmakers, the governor warned of “the chilling effect other potential laws may have” on the ability of doctors to speak frankly with patients but expressed confidence that the one he was signing did not cross that line.

                              Yet the law — meant to discipline doctors who give patients false information about covid-19 — is now in legal limbo after two federal judges issued conflicting rulings in recent lawsuits that say it violates free speech and is too vague for doctors to know what it bars them from telling patients.

                              In two of the lawsuits, Senior U.S. District Judge William Shubb in Sacramento issued a temporary halt on enforcing the law, but it applies only to the plaintiffs in those cases. Shubb said the law was “unconstitutionally vague,” in part because it “fails to provide a person of ordinary intelligence fair notice of what is prohibited.” His ruling last month clashed with one handed down in Santa Ana in December; in that case, U.S. District Judge Fred Slaughter refused to halt the law and said it was “likely to promote the health and safety of California covid-19 patients.”

                              The legal fight in the nation’s most populous state is to some extent a perpetuation of the pandemic-era tussle pitting supporters of public health guidelines against groups and individuals who resisted masking orders, school shutdowns, and vaccine mandates.

                              California’s covid misinformation law, which took effect Jan. 1, is being challenged by vaccine skeptics and civil liberties groups. Among those suing to get the law declared unconstitutional is a group founded by Robert F. Kennedy Jr., who has questioned the science and safety of vaccines for years.

                              But doubts about the law are not confined to those who have battled the scientific mainstream.

                              Dr. Leana Wen, a health policy professor at George Washington University who previously served as president of Planned Parenthood and as Baltimore’s health commissioner, wrote in an op-ed a few weeks before Newsom signed the law that it would exert “a chilling effect on medical practice, with widespread repercussions that could paradoxically worsen patient care.”

                              The Northern California affiliate of the American Civil Liberties Union has weighed in against the law on free speech grounds, though the national organization has affirmed the constitutionality of covid vaccine mandates.

                              “If doctors are scared of losing their licenses for giving advice that they think is helpful and appropriate, but they don’t quite know what the law means, they will be less likely to speak openly and frankly with their patients,” said Hannah Kieschnick, an attorney with the ACLU of Northern California.

                              The law establishes that doctors who give false information about covid to patients are engaging in unprofessional conduct, which could subject them to discipline by the Medical Board of California or the Osteopathic Medical Board of California.

                              Proponents of the law sought to crack down on what they believe are the most clear-cut cases: Doctors who tout treatments such as ivermectin, an anti-parasitic agent that is unproven as a covid treatment and can be dangerous; who exaggerate the risk of getting vaccinated compared with the dangers of the disease; or who spread unfounded theories about the vaccines, including that they can cause infertility or harm DNA.

                              But the law lacks such specifics, defining misinformation only as “false information that is contradicted by contemporary scientific consensus contrary to the standard of care.”

                              Michelle Mello, a professor of law and health policy at Stanford University, said the wording is confusing.

                              “On a matter like covid, science is changing all the time, so what does it mean to say there is scientific consensus?” she asked. “To me, there are lots of examples of statements that clearly, with no vagueness involved, meet the definition of the kind of conduct that the legislature was going after. The problem is that there are all kinds of other hypothetical things that people can say that don’t clearly violate it.”

                              Dr. Christine Cassel, a professor of medicine at the University of California-San Francisco, said she expects the law to be applied only in the most flagrant cases. “I trust scientists enough to know where there’s a legitimate dispute,” she said.

                              Cassel’s view mirrors Newsom’s rationale for signing the legislation despite his awareness of potential free speech concerns. “I am confident,” he wrote in his message to lawmakers, “that discussing emerging ideas or treatments including the subsequent risks and benefits does not constitute misinformation or disinformation under this bill’s criteria.”

                              Plaintiffs in the Santa Ana case, two doctors who have sometimes diverged from public health guidelines, appealed Slaughter’s ruling allowing the law to stand. The case has been combined in the 9th U.S. Circuit Court of Appeals with another case in which a San Diego judge declined to rule on a similar request to temporarily halt the law.

                              Newsom spokesperson Brandon Richards said in early February that the administration would not appeal the two Sacramento cases in which Shubb issued the narrow injunction. The plaintiffs’ lawyers had expected the state to appeal the decision, thinking all four lawsuits would then be decided by the appeals court, providing greater clarity for all parties.

                              Richard Jaffe, lead attorney in one of the Sacramento cases — brought by a doctor, Kennedy’s Children’s Health Defense, and a group called Physicians for Informed Consent — said Newsom’s decision not to appeal is “just going to increase the level of chaos in terms of who the law applies to.”

                              But the Newsom administration has decided to wait for the appeals court to rule on the other two judges’ decisions that left the law intact for now.

                              Jenin Younes, a lawyer with the New Civil Liberties Alliance who is lead counsel in the other Sacramento case in which Shubb issued his injunction, said Newsom may be calculating that “you’re in a stronger position going up on a win than on a loss.”

                              A victory for Newsom in the appeals court, Jaffe and others said, could dampen the impact of the two Sacramento cases.

                              Opponents of California’s covid misinformation law question why it is needed at all, since the medical boards already have authority to discipline doctors for unprofessional conduct. Yet only about 3% of the nearly 90,000 complaints the Medical Board of California received over a decade resulted in doctors being disciplined, according to a 2021 investigation by the Los Angeles Times.

                              That could be good news for doctors who worry the new law could constrain their ability to advise patients.

                              “I don’t see medical boards being particularly vigorous in policing physicians’ competence in general,” said Stanford’s Mello. “You have to be really bad to get their attention.”

                              KHN (Kaiser Health News) is a national newsroom that produces in-depth journalism about health issues. Together with Policy Analysis and Polling, KHN is one of the three major operating programs at KFF (Kaiser Family Foundation). KFF is an endowed nonprofit organization providing information on health issues to the nation.

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                              This story can be republished for free (details).


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                              Tags: HealthcareHealthy LivingPublic Health
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