The Highwire with Del Bigtree - CA DOCTORS WIN AGAINST “MISINFORMATION” LAW

Episode Date: October 24, 2023

When California passed AB 2098 in 2022, putting doctors licenses at risk for spreading ‘misinformation’, founding member of America’s Frontline Doctors, Jeffrey Barke, MD, was one of the first doctors to file a lawsuit against CA Attorney General, Rob Bonita, and every member of the CA Medical Board. Hear how the tyrannical politician is finally caving to legal pressure and when to expect.Become a supporter of this podcast: https://www.spreaker.com/podcast/the-highwire-with-del-bigtree--3620606/support.

This is a story where ultimately they tried to pass laws to take away freedom of speech from doctors. Doctors that had a successful operation treating people with things like hydroxychloroquine and ivermectin. California wanted to make sure that you were never treated properly again. And if you went against what the CDC said, your license should be taken away. Well, this bill, as we show it right here, was assembly bill number 2098. and in California, it was passed and put into law. California law strips license from misinformation spreading doctors. Well, luckily, multiple doctors decided to bring a lawsuit about those,

those that still believed in free speech, and certainly the doctor-patient relationship and do no harm. Two doctors file a lawsuit to stop Gavin Newsom's SB 2098 law, which censors medical information. In this case, one of the doctors was Jeffrey Barky, this was just one of the cases brought in California. We had him on our show to discuss what this case was about and why he was launching this case against the Attorney General of California.

This is what he had to say back then. Physicians are now going to be required to consider the state's narrative before making a therapeutic decision for a patient. That's why I'm involved to protect patient care. You know, if you read the bill, and it's very interesting, and I'm going to quote you exactly from the bill, it says, misinformation means false information that is contradicted by contemporary scientific consensus, contrary to the standard of care. There is no consensus unless you literally censor doctors that have a difference of opinion. So the so-called consensus is constantly changing.

Here in the United States, we're recommending boosters to six-month-olds and women that are pregnant. If I speak out against that, I'm now going against the government census, and the medical board may sanction me and want to take my license away. And doctors have very limited rights when it comes to being investigated by the medical board. So that's the problem. And when physicians have to consider the state's narrative as to how to treat patients, then patients are being put directly in harm's way. and are at risk of being hurt.

And that's bad for patients, it's bad for doctors, it's bad for medicine, and that's why Mark and I are fighting against this. So why do I have hope? I have hope because there's heroes everywhere. It's not just a nonprofit like the informed consent action network that brings lawsuits and makes a difference. Sometimes a couple of doctors can literally change the course of history. And in this case, I believe that is what's happened.

When you look at 2098 that was passed, ultimately it was in court. There's many cases against it. Here's what one of the judges said about the case that they were looking at. Ultimately, this headline says it all. Federal judge calls definitions of misinformation nonsense in AB2098. The writing was on the wall. Clearly, this was a case that was going to go against the state of California. Gavin Newsom, I would imagine if Gavin ever decides to run for president of the United States.

It's really not very good to be considered running an unconstitutional law against doctors and citizens in your state. And so because of that and all the reasons we do or do not know, we are here to celebrate today that we now have a new bill that overrode the old bill. And this is how the reporting on its Senate bill number 815 just shortly after passing 2098. What does it do? California repeals the COVID misinformation law bowing to legal pressure. Well, there you have it. Change has been made. California has been saved. Doctors are actually loud to speak their mind and treat their patients as they see fit. It is my honor and pleasure to be rejoined by one of the great doctors and courageous heroes in America today. Dr. Jeffrey

Jeffrey Barkey joins me now. Jeffrey just like honestly victory lap moment. This is a spectacular moment for California and as we've said as California goes so goes the nation and then the world. What are you feeling like today? Well listen, Del you're very sweet. and I appreciate you having me on. It's a partial victory. So it's, yes, it's a victory that this law was repealed. But it's not a victory that we have not yet got a ruling by our Ninth Circuit judge.

We had our case heard by the Ninth Circuit. It's been about two months. And during that case, the judge asked some very strong questions of the defendant, which is the state of California, and seemed to be leaning in our direction, understanding why we believe this law was unconstitutional. But now we haven't got a ruling. We want a ruling.

The reason why we want a ruling is, what's to stop the legislature and the governor from signing into law, another law just like this? So repealing the law is great. Don't get me wrong, it is good. But we still want a ruling from the judge that says this law and this type of law is unconstitutional. Interestingly, the court reached out to us,

Liberty Justice Center, who's representing us, and asked them if we'd be willing to withdraw our case since the law has been repealed. And we said no. And they said, and we would even stipulate, because this law, this new repeal doesn't go into effect until January, we would even stipulate the court said that we won't enforce this law over the next couple months

until it actually goes into effect. And again, we said, no, we're not gonna withdraw the case, stipulation or not. We want a ruling. We've spent money and time and energy and effort. We got heard before the court. It seemed to be going our way. We want the judge to rule. Now, we don't know whether the judge will rule since the law is basically moot. And you know, it's so funny, in the original bill, AB 2090,

and I'm going to read from it, here's part of the preamble to this bill. Major news outlets have reported that some of the most dangerous propagators of inaccurate information regarding COVID-19 vaccines are licensed healthcare professionals. So major news, major news or organizations have reported. That's what they use in this bill. It's ridiculous. It's amazing. Any time required to follow the state's narrative in discussing information, medical information with a patient, it's bad for patients, it's bad for doctors, it's unconstitutional, it's bad law. We're still hoping for a judge ruling here.

I think that's great. I love that, you know, you're not backing down. And that's really what this is about. I appreciate where you're at. I also, you know, I want to say that, you know, sometimes we get all of what we want and we experience this with I can all the times, you know, that we go in. A lot of times they will just go ahead and change laws in order to bail out so that precedence is not set. That's why the work that we do, we bring so many lawsuits because it's a long journey to get to the Supreme Court and to actually rule on something like this. And all along the way, there's always that risk that they go ahead and change some law to make moot your case, which is why it's, you know, whack-a-mole. out there. And I love that you're playing this game with us. It's going to take all of us. And for everyone watching right now, I think what's really important is whether you're a student trying to go to university and you're not able to get in because of some vaccine law or you're a doctor being shut up or whatever that your business was shut down, if you have means or can find a nonprofit or some way to bring a case, this is the beauty, I think, Jeffrey,

of being in the United States of America. We definitely got off track. COVID was handled horribly But what we've seen is this aftermath of this brilliant three-brant system that we have, the executive, the legislatures, and the judicial branch. And in this case, the judicial branch has really been, you know, leaning heavily on the Constitution of the United States of America, which I think is proving to be one of the most important documents of our time. You know, so it's stepping into courtrooms that makes a difference. When you look at this now, when you look at the state of science, how crucial is it that you persevere, that precedence is set here? When you think about the future of medicine, what is your greatest concern?

It's really important, Dell, and not just forget the COVID situation for a moment. There's so much in medicine that's wrong. There's so much that we're taught that just isn't so. whether it's the use of pharmaceutical products to lower cholesterol, which I think is mostly BS, whether it's direct-to-consumer advertising. We're the only country, us in New Zealand, that allow that to occur. So you watch Monday night football or any other sporting event, and you're inundated with drug ad after drug ad after drug ad. The scientific system of research now has been corrupted and it's completely biased. We need to fix this. And I hope in,

whoever wins the presidency, that they will find a prominent role for him to help with some of that work that needs to be done with our three-letter agencies. You know, listen, if your viewers want to learn more about me, they can follow me on Instagram, RX4, F-O-R-Liberty, or my website, RX for Liberty, we're going to continue to fight. And I've got a license now in Texas. I'm applying for one in Florida. I'm going to protect myself and do the best I can to be true to my patients, to treat them with respect and dignity, and to do so as best I can to teach them how to take care of themselves so they don't need physicians and they certainly don't need big pharma. Dr. Jeffrey Bark, I wanted to thank you for taking the time from all your patients, all the great

work you've done, you know, just my last statement. What's crazy to me about this story and any attempt to silence doctors is one thing you never hear the mainstream media that apparently knows more than the doctors that are speaking out, is how about a study of those doctors that did use hydroxychloroquine and ivermectin? Why do we compare their results with their patients? They're all listed. We know who they are. What were their results compared to all the doctors that stuck with the protocol given by the CDC and the government bureaucracy saying there's nothing you can treat them with? Make them go home, bring them back, put them on a ventilator, give them remdesivir, and then see how they turn out. I think when we look at those numbers, it would be clear that your numbers,

and many like you across this nation and across the world had far better outcomes. When are we going to get science like that, comparative studies, that ultimately will say who was right and who was wrong? This is where the media is deficient. This is where our government is clearly corrupt. And lastly, I want to say that we're going to be talking later about the PEP Act and a lawsuit that we are going to be bringing. I think there's going to be a big game changer. But that PEP Act should have protected you the same way it protected every day. doctor that shook their, you know, responsibility to people that sent them home when they were sick,

let them get to the verge of death, then brought them in, put them on ventilators where they had a nine out of ten chance of dying. You know, that prepback said that any doctor that attempts anything, basically, should be protected because we don't know what we're doing here. It's amazing that they selected those out that had the best record like you and then said, you're going to be, we're going to take the prep back protections away from you and go further. You have no free speech. We are really living in incredibly strange and dark times. And it's so awesome to have heroes like you out there. They're standing in court and really turning this thing around.

Yeah, Dale, well, listen, thanks for the great work you do. Thanks for having our back. I mean, listen, I think we should put a warning label on all vaccines, for example. It should say something like, please be aware the vaccine you are about to get, the company is immune from all liability. Take it your own risk. And I really promote the idea of informed consent. I'm not opposed to anybody getting any vaccine.

I just want them to be aware what are the ingredients, what are the studies that brought it to market, and what are the potential side effects. They're not getting that now, and I think that's important. And lastly, what you pointed out, and how confident are the manufacturers and the product they're giving you? Do they stand by it,

or are they making the problem somebody else's responsibility? Such a great point. Dr. Jeffrey Barkie, keep up the great work. I look forward to. I'm sure I'm going to be on the stage speaking with you sometime in the near future. just an honor, pleasure, and thank you for being a guiding light

for so many on how we should be holding ourselves in these incredible times. Thank you, Del. Appreciate you having me on.