COVID-Critical Doctor Gets a Win in Court!
A doctor facing disciplinary action over his critique of the COVID narrative has received an emergency injunction.
From The Epoch Times. A Washington state appeals court has granted an emergency injunction to a retired doctor facing disciplinary action from the Washington Medical Commission (WMC) over articles he wrote against the official COVID-19 narrative in 2021.
Dr. Richard J. Eggleston, a retired ophthalmologist in Clarkston, Washington, faces disciplinary action over articles published in the Lewiston Tribune. …
The WMC filed charges against Dr. Eggleston, accusing him of unprofessional conduct, including spreading false information and misinformation about the SARS-CoV-2 virus and its treatments. They assert that his actions violated state laws related to moral turpitude, misrepresentation, and interference with an investigation.
In response to the charges, Dr. Eggleston has maintained his innocence and has argued that his articles are protected under the First Amendment’s guarantee of free speech. He sought to have the disciplinary proceedings dismissed on the grounds that the statutes applied by the WMC infringed upon his constitutional rights.
Despite a separate, initial motion to dismiss being previously denied, the recent emergency injunction granted by the appeals court now provides a temporary reprieve for Dr. Eggleston. The injunction halts the disciplinary proceedings while the court further examines the case. …
Court Commissioner Hailey L. Landrus noted in her ruling that while putting a stay on the proceeding would inconvenience the commission — as lawyers for the WMC argued — it doesn’t demonstrate harm to the public.
‘Chilling Effect’ on Free Speech
Dr. Eggleston, on the other hand, argued that he sought to halt the disciplinary proceedings to assert his First Amendment right to free speech.
Landrus favored the retired doctor’s argument, saying public dialogue by professionals receives strong First Amendment protection, and the mere fact of prosecution can have a “chilling effect” on the exercise of these rights. …
The granted stay of the proceedings will delay hearings scheduled to commence this week, Wednesday through Friday. This delay provides a short window of opportunity for the WMC to withdraw the charges against Dr. Eggleston. However, if the WMC chooses not to withdraw the charges, the legal process will proceed as planned. …
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(Excerpt from The Epoch Times. Photo Credit: Ashkan Forouzani on Unsplash)
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