Update, April 7, 2023, AAPS Files Reply brief: https://aapsonline.org/judicial/aapsedfnd-v-abim-abog-abfm-dhs-4-7-2023.pdf
Update, November 14, 2022, AAPS files opposition to motion to dismiss: https://aapsonline.org/judicial/aapsedfnd-v-abim-abog-abfm-dhs-opposition-motion-dismiss-11-14-2022.pdf
The Association of American Physicians and Surgeons Educational Foundation (AAPS) filed a lawsuit today in the federal Southern District of Texas, against three medical special boards for their threatened retaliation against physicians who speak out on matters of public concern. AAPS stands up for First Amendment rights of physicians who, like all American citizens, should be able to speak publicly without risk of retaliation.
“Our freedoms depend on the ability of physicians and all Americans to speak out on important issues of our day,” said Andrew Schlafly, who filed this lawsuit. “Entities holding monopolies over board certification should not be retaliating against good physicians.”
This new lawsuit asserts that “Defendants wrongly misuse their authority in a politically partisan manner to chill speech critical of positions taken by Dr. Anthony Fauci, lockdowns, mask mandates, Covid vaccines and even abortion.” This Complaint seeks injunctive and declaratory relief against several specialty Board Defendants that hold monopolies over board certification, and against the federal government for its newly created Disinformation Governance Board.
“Although only official state medical boards have the proper authority to regulate the practice of medicine, certifications by the Board Defendants constitute a de facto essential credential for practicing in most hospitals or participating in most networks,” this lawsuit asserts. “By threatening to revoke board certification of physicians, the Board Defendants improperly chill speech by physicians without the political accountability of official state medical boards,” this Complaint adds.
The Board Defendants are the American Board of Internal Medicine, the American Board of Obstetrics & Gynecology, and the American Board of Family Medicine. Each of these entities, which hold monopolies over board certification in their specialties, have declared their plans to discipline physicians who speak out.
“Criticizing Dr. Anthony Fauci should not be a basis for retaliating against a physician for speaking his mind,” Andrew Schlafly states. The lawsuit points out that many Republican senators properly rebuked Dr. Fauci for his statements that “I represent science” and that those who criticize him “are really criticizing science.” The Association of American Physicians and Surgeons Educational Foundation is a national organization that co-sponsors conferences and funds scholarships for attendance by medical students and residents.
Read Full Complaint: https://aapsonline.org/judicial/aapsedfnd-v-abim-abog-abfm-dhs-7-12-2022.pdf