John Stockton Loses Case Over Regulation of COVID Speech – Sportico

John Stockton usually won on the court during his illustrious career with the Utah Jazz, but the Basketball Hall of Famers recordincourt took a hit last week when a judge dismissed his First Amendment lawsuit against Washington Attorney General Bob Ferguson and Washington Medical Commission executive director Kyle Karinen.

U.S. District Judge Thomas Riceruledthat Stocktons case, which he brought with two physicians and the Childrens Health Defense (a nonprofit chaired by presidential candidate Robert F. Kennedy Jr.), was meritless.

The group sued in March, seeking a judicial declaration that the commissions investigations into licensed medical professionals who publish disputed claims about COVID-19 violate the First Amendment and due process rights. Under Washington law, the commission is charged with regulating physicians to assure public confidence in the practice of medicine. It investigates allegations of misrepresentation, fraud, or dishonesty.

Stockton, 62, is not a medical professional and is not regulated by the commission. However, through podcasts and interviews, he has become a public voice on COVID-19. Stockton has criticized COVID-19 vaccines and objected to mask mandates. Stocktons refusal to wear a mask led his alma mater, Gonzaga University, to deny him entry to basketball games in 2022 on grounds he wouldnt follow a school policy.

A resident of Spokane, Stockton says he advocates for all Washingtonians who share his contention that people have the First Amendment right to hear the public soapbox speech of Washington licensed physicians who disagree with the mainstream Covid narrative. The NBAs all-time leader in assists and 10-time all-star argued the commissions prosecution of physicians for offering public opinions not in harmony with the commissions approved messaging amounts to governmental silencing of dissenting views.

Rice found several flaws inStockton et al. v. Ferguson & Karinen.

First, he reasoned the claims are unripe, meaning not yet appropriate for judicial review. The two doctors in the case have not (yet) been sanctioned by the commissionmeaning there is no penalty for the judge to assess.

Although Stockton insists the commissions investigation into physicians has a chilling effect on free speech and will dissuade many physicians from providing their candid opinions, Rice underscored that Stockton and the physicians continue to publicly champion their views. Their advocacy, Rice wrote, tends to cut against any argument speech has been actually chilled.

Rice also reasoned he must abstain from reviewing the claims. Under whats called the Younger Doctrine (from the 1971 U.S. Supreme Court caseYounger v. Harris), a federal court should refrain from considering demands for judicial declarations when there are ongoing state proceedings. The physicians who sued with Stockton are still under investigation by the commission.

The judge added that even if Stocktons lawsuit was ripe and not subject to abstention, it doesnt offer a plausible claim. Washington and other states, Rice stressed, have a long-recognized authority to regulate medical professionals and that authority does not run afoul of the First Amendment.Even if that regulation touches on speech, Rice stressed the First Amendment doesnt bar the states regulation of medicine and professions.

Stockton can appeal to the U.S. Court of Appeals for the Ninth Circuit.

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John Stockton Loses Case Over Regulation of COVID Speech - Sportico