Judge Dismisses John Stockton’s COVID Free Speech Lawsuit
A federal judge has dismissed NBA legend John Stockton’s lawsuit, which accused Washington state officials of violating doctors’ free speech rights when they spoke out against the “mainstream COVID narrative.”
Stockton, joined by other plaintiffs, filed the lawsuit in March. Presidential candidate Robert F. Kennedy Jr. was one of their attorneys. The complaint named state Attorney General Bob Ferguson and the executive director of the Washington Medical Commission (WMC) as defendants.
Lawsuit’s Objective and Judge’s Ruling
The lawsuit aimed to stop the WMC from investigating, prosecuting, or sanctioning doctors who publicly opposed the mainstream COVID narrative. However, U.S. District Judge Thomas O. Rice identified several flaws in their complaint. He denied the plaintiffs’ request for a preliminary injunction against the state, ruling that Stockton and others were not prevented from hearing what they wanted to hear.
“Plaintiffs’ First Amendment claims must be dismissed,” Judge Rice stated in his ruling obtained by USA TODAY Sports.
Reasons for Lawsuit Dismissal
Judge Rice ruled the lawsuit was not “ripe” for review since the WMC hadn’t punished any of the plaintiff doctors for their statements. Disciplinary proceedings are pending against two of the plaintiffs, Dr. Richard Eggleston and Dr. Thomas Siler, accused of spreading misinformation about COVID-19 and vaccines. Stockton, not being a doctor, wasn’t subject to WMC regulation, and his claims were deemed speculative.
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“The remaining Plaintiffs claim they are injured by the alleged chill of licensed physicians presenting an alternative narrative about COVID,” Rice noted. “But Plaintiffs have not shown they are impeded from otherwise accessing this information.”
Stockton’s Involvement and Beliefs
Stockton, suing on his behalf, advocated for Washingtonians’ right to hear alternative views from licensed physicians. His complaint stemmed from personal experiences, including having his season tickets at Gonzaga revoked for refusing to wear a mask during games. He cited advice from a chiropractor regarding not vaccinating his children, despite chiropractors not being epidemiologists.
Stockton, 62, is a vocal supporter of Kennedy’s presidential bid, a candidate known for controversial views on vaccines and the pandemic. Stockton also backed former Washington State football coach Nick Rolovich, fired in 2021 for not complying with the state vaccination mandate.
Co-Plaintiffs and Their Actions
Co-plaintiffs Dr. Eggleston and Dr. Siler publicly spread misinformation about COVID-19, prompting state complaints. Eggleston minimized COVID-19 deaths, falsely claimed vaccines were harmful or ineffective, and promoted ivermectin as a treatment. The state sought to discipline them for professional misconduct, describing their lawsuit as frivolous and not ripe for court review.
“WMC does not investigate and discipline providers merely based on statements against the mainstream COVID-19 narrative, but based on the licensees’ use of their medical credentials to lend heft to verifiably false and dangerous misrepresentations,” the state argued.
Court’s Final Stance
Judge Rice emphasized the state’s authority to regulate medical professionals, which does not violate the First Amendment. He denied the state’s request for attorneys’ fees, stating the lawsuit, while unwarranted at this stage, was not frivolous.
“The Court finds this lawsuit is unwarranted given the stage of the administrative proceedings but does not find it frivolous, unreasonable, or without foundation,” Rice wrote. “Accordingly, attorneys’ fees are denied.”