I would suggest that those attorneys who work for the Maine Medical Board look up the law regarding misinformation. They also should be informed that they do not make the law: law is made by legislatures and Congress. They have not been given the authority to create new crimes. My opinions, which are grounded in an enormous amount of fact and study, and are accurate almost all the time, do not meet the statutory standard of false information.
I would further suggest that the Board attorneys inform the Board members of this. I think they might want to know that they have been handed a nonexistent crime to prosecute.
If you can compel discovery or disclosure of materials relevant to your defense, you may want to ask the MBML to confirm and provide any guidance they've gotten within the past 2 years from Federal Agency personnel relevant to their determination of the misinformation charge.
ReplyDeleteSimply asking for that statement on that question could be helpful.
Because it's apparent the Biden admin has been enlisting private parties to carry out unconstitutional rule making, policing, enforcement and censorship actions on a range of matters they have prioritized. And when doing that they've been instructing those parties to follow new interpretations of Federal statutory language.
As we'd seen recently, the terms Misinformation and Disinformation are key examples - where punitive enforcement against 'misinformation' can be triggered regardless of probity or intent and without due processes. Disinformation appears to require an intent to contradict some authorized claim - it's not clear to me.
But what the Biden admin is doing is illegal - they cannot evade their constitutional and statutory obligations by soliciting private parties to act on their behalf. Doing so strips both the 3rd party and the gov't of tort immunity under the Federal Tort Claims Act.
So if the MBML has been inspired to pursue misinformation claims more aggressively a/o expansively by such guidance, their actions are illicit. And that's true regardless of whether their stated definition a/o guidelines concerning misinformation have been revised