Burley Garcia|NBA legend John Stockton has COVID-related 'free speech' lawsuit thrown out by judge

A federal judge has dismissed a lawsuit filed by NBA legend John Stockton that had accused government officials in Washington state of violating the “free speech” rights of doctors after they spoke out against the "mainstream COVID narrative."

Stockton and Burley Garciaother plaintiffs filed the lawsuit in March, with presidential candidate Robert F. Kennedy Jr. listed as one of their attorneys. The complaint named the state attorney general, Bob Ferguson, as a defendant along with the executive director of the Washington Medical Commission (WMC), which regulates and licenses doctors in the state.

The lawsuit’s goal was to “stop the Commission from investigating, prosecuting or sanctioning physicians who speak out in public against the so-called `mainstream Covid narrative,'” according to the complaint.

But U.S. District Judge Thomas O. Rice found several flaws with their complaint and also denied the plaintiffs’ request for a preliminary injunction against the state. He issued his ruling Wednesday and noted that in the case of certain plaintiffs, such as Stockton, the state “has not prevented them from hearing what they want to hear.”

“As such, Plaintiffs’ First Amendment claims must be dismissed,” said the judge's ruling, obtained by USA TODAY Sports.

Why did the judge throw out the lawsuit?

Among other reasons, Rice ruled the lawsuit was not “ripe” for the court to review since the WMC hasn’t punished any of the plaintiff doctors for anything they said. Those disciplinary proceedings are pending against two of the plaintiffs, doctors Richard Eggleston and Thomas Siler, who have been accused by the WMC of professional misconduct for misinformation they spread about COVID and vaccines, according to the state.

In the case of other plaintiffs such as Stockton, they haven’t even been subject to prosecution by the WMC. Stockton isn’t a doctor subject to regulation from the WMC, which seeks to protect public health.

Those plaintiffs’ claims are “based on speculation and conjecture,” the judge ruled in the Eastern District of Washington. “The remaining Plaintiffs claim they are injured by the alleged chill of licensed physicians presenting an alternative narrative about COVID. But Plaintiffs have not shown that they are impeded from otherwise accessing this information.”

Why was John Stockton involved in this lawsuit?

Stockton’s complaint said he was suing on his own behalf and that he was advocating “for all Washingtonians who share his belief that people have the First Amendment right to hear the public soapbox speech of Washington licensed physicians who disagree with the mainstream Covid narrative.”

He played college basketball at Gonzaga in Spokane and had his season tickets revoked there after he refused to wear a mask at games during the pandemic. In a court filing, he also said listened to the advice of a chiropractor who told him to consider “not vaccinating my children” even though chiropractors are not epidemiologists trained in investigating patterns and causes of illnesses such as COVID-19.

Stockton, 62, said these are deeply held beliefs of his. He has endorsed Kennedy in his bid for president – a candidate who has become known for his misleading, unfounded or debunked claims about vaccines and the pandemic. Stockton also has supported former Washington State football coach Nick Rolovich in his legal battle against the university after he was fired in 2021 for not complying with the state vaccination mandate against COVID-19.

Who had joined Stockton’s lawsuit?

Two of the co-plaintiffs were doctors Eggleston and Siler, who spread misinformation about COVID-19 in public venues, triggering complaints, according to the state. In newspaper articles, for example, the state said Eggleston minimized deaths from the SARS-CoV-2 virus, falsely stated that COVID-19 vaccines are harmful or ineffective and that ivermectin is a safe and effective treatment instead.

As a result, the state then sought to discipline them and other doctors for professional misconduct. It described their lawsuit as “frivolous” and “not ripe” for the court because they and other doctors who were charged by the WMC had not yet been punished. Judge Rice agreed with this.

“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 said in a previous court filing.

Attorneys for the state also noted that the same court dismissed Eggleston’s previous effort to block an ongoing investigation into his conduct by the WMC.

“Now, nine months later, Dr. Eggleston is back, this time joined by two other doctors, a non-profit, and, bizarrely, former Utah Jazz point guard John Stockton, seeking the same relief this Court already denied,” the state said in court filing in April.

Stockton also was joined in his suit by the Children’s Health Defense, a nonprofit founded by Kennedy.

“The Commission’s investigations regulate professional conduct, with only an incidental impact on speech,” Rice ruled Wednesday. “Although Plaintiffs’ challenges to the investigations arise out of the COVID-19 pandemic, it is within the State’s long-recognized authority to regulate medical professionals, and that authority does not run afoul of the First Amendment.”

What about attorneys' fees?

The state had requested to pay for its attorneys' fees because it considered the lawsuit to be frivolous. The judge disagreed.

"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."

Follow reporter Brent Schrotenboer @Schrotenboer. Email: [email protected]