Subduing the Freeness of Speech
Motion Filed in Wilkinson v. WMC
“The Order and its issuance were the result of an unconstitutional agency action, and Petitioner challenges the Order in whole and seeks a stay of all compliance requirements throughout the pendency of this appeal.”
Hello SMF family! As promised, we have an update on one of our medical freedom/freedom of speech cases, Wilkinson v. WMC. As you may recall, we represented Dr. Wilkinson when the WA Medical Commission sought to punish him for his treatment of COVID-19 with Ivermectin and for his discussion of the treatment on his blogs and in a public meeting. The WA Medical Commission deemed these activities “act[s] of moral turpitude” and claimed that Dr. Wilkinson took an “extremely unbalanced look at COVID-19, downplaying the seriousness of COVID-19.” The WMC’s determination that it can regulate Dr. Wilkinson’s speech and its decision to regulate Dr. Wilkinson’s treatment of patients presents the necessity of our appeal. The WMC’s violations of Dr. Wilkinson’s rights can be summarized as follows:
1. The WMC based two of its unprofessional conduct findings solely on his speech, violating his Free Speech rights. Additionally, the WMC is punishing Dr. Wilkinson for not telling clients that he was prescribing Ivermectin “off-label,” a requirement that applies to no other drug--such unjustified compelled speech is unconstitutional.
2. Dr. Wilkinson is being forced to attend the equivalent of a reeducation camp and required to undergo physical, mental, and psychological evaluations while there simply because he said and did things the Washington Medical Commission disagrees with, violating his statutory and due process rights.
3. The WMC disregarded patients testimony that they were fully informed about Ivermectin and other recommendations made by Dr. Wilkinson.
Fast forward to April 12th, SMF filed a Motion for Stay on all compliance requirements listed in the Order from WMC. A stay of the WMC’s Order will allow the Court to determine the propriety enforcement of the Order without subjecting Dr. Wilkinson to the discipline, including, but not limited to: (1) a compliance assessment through the Physician Assessment and Clinical Education (“PACE”) program at the University of California San Diego School of Medicine ; (2) the payment of a $15,000 fee; (3) reporting and educational requirements; and (4) personal appearances before 2 Respondent Washington Medical Commission (“Respondent”). Without a Stay, Dr. Wilkinson would be required to complete the WMC’s “remedial” disciplinary action while he is challenging the Order and the disciplinary requirements.
One of our focus areas with this case and others like it, is the freedom of speech element.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
Dr. Wilkinson’s constitutionally protected speech was a substantial factor in the WMC’s issuance of the Order. When Physicians can be disciplined for constitutionally-protected speech, what is created is an echo-chamber of medical information based on a “prescribed” protocol, whether or not that protocol is accurate or effective. Case in point, FDA rolling back their statements on “horse-dewormer.”
A Zoom hearing in this matter is scheduled for Thursday, June 13th at 10:00 AM before the Court of Appeals, Division III.
This case is important for ensuring that everyone, physicians included, can exercise their constitutionally-guaranteed freedom of speech. SMF is proud to stand with Dr. Wilkinson and others like him who have kept patient care a top priority by researching and making informed decisions regarding treatment options. These medical freedom cases have a direct impact on the future of your healthcare by ensuring that physicians can speak freely. Your donation support allows us to continue to fight! Thank you and God bless!
Clinics are closing and doctors are leaving due to Washington crazy. But, already hearing there are not enough practitioners or medical staff to treat the needs. Well, figure out what WA has been doing is NOT working.