Senior Judge William Shubb paused the passage of California’s COVID-19 misinformation law due to the “vague” definition of “misinformation.” The current definition of “misinformation” is “false information contradicted by contemporary scientific consensus contrary to the standard of care,” which Shubb said is “nonsense.”
The judge also criticized the phrase "contemporary scientific consensus" in his order, remarking that it does not have an established meaning within the medical field. "The statute provides no clarity on the term's meaning, leaving open multiple important questions," Shubb wrote, according to the Bee. "For instance, who determines whether a consensus exists to begin with? If a consensus does exist, among whom must the consensus exist (for example practicing physicians, or professional organizations, or medical researchers, or public health officials, or perhaps a combination)?"