A high-profile First Amendment case involving NBA legend John Stockton and COVID-19 speech regulations takes an unexpected turn at the Supreme Court.
According to Law&Crime, Supreme Court Justice Clarence Thomas made an unusual move by overriding Justice Elena Kagan's earlier decision in a case challenging Washington state's restrictions on physicians' public statements about COVID-19, setting the stage for full court consideration.
The lawsuit, filed in spring 2024, centers on Washington state's regulations prohibiting medical professionals from spreading COVID-19 misinformation. The case has garnered significant attention not only for its First Amendment implications but also for its notable participants, including basketball Hall of Famer John Stockton and Robert F. Kennedy Jr., who serves as co-counsel.
The case emerges from Washington state's efforts to control COVID-19 misinformation among medical professionals. Approximately 60 medical professionals have faced investigation, prosecution, or sanctions under these regulations since their implementation in 2021.
Attorney Richard Jaffe, representing the plaintiffs, emphasized the significance of Thomas's decision. He shared his perspective with Law&Crime, stating:
I think it is very unusual for a renewed application to be granted and to be set for conference. I'd like to think that Justice Thomas understands what a fundamental issue this is and that the Supreme Court needs to tell the country whether there are any limits to medical boards controlling physicians expressing their dissent to government health policies and its view of science.
The lawsuit argues that the state's actions violate fundamental First Amendment rights, particularly concerning medical professionals' ability to express views that diverge from mainstream COVID-19 narratives.
John Stockton, who has lived most of his life in Spokane despite his 19-season NBA career with the Utah Jazz, hosts a podcast discussing various topics, including COVID-19 and health policy. His involvement adds significant visibility to the case.
Several physicians have joined Stockton as plaintiffs, including retired ophthalmologist Richard Eggleston and Dr. Thomas T. Siler. Both faced professional misconduct charges for expressing views that challenged prevailing COVID-19 policies and treatments.
The legal team argues that the state's restrictions create a chilling effect on protected speech, preventing medical professionals from freely expressing their views on public health matters, even when those views contradict official positions.
The case, officially known as Stockton v. Ferguson, will proceed to a conference scheduled for January 10, 2025. This development follows multiple setbacks in lower courts, including dismissals at the district court level and the Ninth Circuit Court of Appeals.
Four Supreme Court justices must vote in favor of accepting the case for it to advance to oral arguments. The unusual circumstance of Justice Thomas overriding Justice Kagan's earlier denial has created renewed interest in the constitutional questions at stake.
A First Amendment case challenging Washington state's COVID-19 misinformation regulations, led by NBA Hall of Famer John Stockton and supported by Robert F. Kennedy Jr., will be reviewed by the Supreme Court in a conference on January 10, 2025, following Justice Clarence Thomas's unprecedented override of Justice Elena Kagan's earlier denial.
The case seeks to protect physicians' rights to publicly express dissenting views on COVID-19 policies and treatments. Approximately 60 medical professionals have faced regulatory action under the state's current restrictions.
