Federal Court Grants Important First Amendment Victory in Physicians for Informed Consent Lawsuit

kory v bonta pi hearing 8 3 2026Physicians for Informed Consent President Dr. Shira Miller and attorney Rick Jaffe at the Robert T. Matsui Federal Courthouse in Sacramento, California, following the August 3, 2026 hearing in Kory v. Bonta.

Newport Beach, Calif., Aug. 6, 2026 (PIC Breaking News) — Physicians for Informed Consent (PIC) is pleased to share an important victory in Kory v. Bonta, a federal First Amendment lawsuit brought by PIC together with Children’s Health Defense and physicians Dr. Pierre Kory, Dr. Le Trinh Hoang, and Dr. Brian Tyson.

Last night, Senior U.S. District Judge William B. Shubb granted the renewed motion for a preliminary injunction filed on behalf of PIC and our co-plaintiffs, protecting Drs. Kory, Hoang, and Tyson while the case continues. The order prevents California’s state medical boards from investigating or disciplining these physicians based on the viewpoints they express to patients about COVID-19, including opinions that differ from those of public health authorities.

This ruling marks the second time Judge Shubb has granted a preliminary injunction in litigation brought by PIC challenging California’s efforts to restrict physicians’ speech on COVID-19.

Why This Matters PIC’s mission is to safeguard informed consent in vaccination and unite physicians, scientists, healthcare professionals, attorneys, and families who support health freedom and oppose vaccine mandates.

Informed consent depends on genuine, honest, and open communication between physicians and patients. Physicians must be free to discuss benefits, risks, uncertainties, alternatives, and differing interpretations of the medical evidence without fearing professional discipline simply because their opinions differ from government policy.

PIC attorney, Rick Jaffe, Esq., explains, “This win, from a practical perspective, signals that Judge Shubb thinks that physicians being investigated or accused of so-called ‘COVID misinformation’ by medical boards is not constitutional.”

PIC Continues Defending Informed Consent Many of you will remember PIC’s successful challenge to California’s physician “misinformation” law, AB 2098. In January 2023, Judge Shubb issued a preliminary injunction preventing enforcement of AB 2098 against all parties, including PIC’s physician members. The California Legislature later repealed the law in September 2023, but the underlying concerns were not resolved. Then in January 2024, because California officials continued to claim authority to investigate physicians’ COVID-19 communications under broader professional-discipline laws, PIC and co-plaintiffs filed a new lawsuit, Kory v Bonta, to challenge the medical boards’ authority to censor physician speech.

The district court initially denied our request for a preliminary injunction in 2024, and also our appeals in 2025 (including petitions to the U.S. Supreme Court) were ultimately unsuccessful. But this year two landmark U.S. Supreme Court decisions clarified First Amendment protections for professional speech. Thus, following renewed briefing this summer and oral argument in Sacramento earlier this week, Judge Shubb granted our renewed motion for a preliminary injunction.

PIC extends its sincere appreciation to attorney Rick Jaffe, Esq., for his outstanding representation throughout this litigation, including the August 3 hearing in Sacramento, and to Children’s Health Defense for making this litigation possible through its generous support. I was honored to attend this important hearing and represent PIC.

What Happens Next? This preliminary injunction is an important milestone, but the case is not yet over. The lawsuit will now continue toward a final decision on the constitutional issues raised. The next court proceeding is on October 19, 2026.

This Victory Was Years in the Making This result represents more than four years of sustained work by PIC and its allies, beginning with PIC’s opposition to AB 2098 in early 2022 to defend physicians’ First Amendment rights and protect informed consent.

Watching the arguments in Sacramento was a reminder that constitutional rights are preserved only when organizations and individuals, and their courageous attorneys, are willing to defend them. I was proud to represent PIC at the hearing and am deeply grateful to everyone whose donations, membership, and encouragement have made our work possible.

Protecting informed consent requires protecting physicians’ freedom to communicate openly and honestly with their patients. That principle has always been central to PIC’s mission, and we remain committed to defending it.

Thank you for standing with us and for your ongoing support.

Shira Miller, M.D.
Physicians for Informed Consent
Founder and President
Since 2015

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