Report: Chilling attack on media and First Amendment by SF City Attorney

(Screenshot from the 1956 film adaptation of “1984”)

Website Instapundit reports that SF City Atty is subpoenaing a national media site because he doesn't like their ranking of hospitals, and is accusing them of misinformation when it comes to healthcare. Somewhere, Orwell smiles.

Everybody is familiar with U.S. News & World Report, which for decades has been the publisher of “rankings” for everything from grad schools to mortgage lenders. Whether you agree with the various rankings is of no moment. They disclose their methodology, are not “bought off” by advertisers and most importantly, ratings and reviews are generally protected by First Amendment law anyway.

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OK, that’s the set up. Here’s what’s going on: San Francisco City Attorney David Chiu — out of the clear blue sky — sends a subpoena to U.S. News complaining and demanding information about their recent review of “Best Hospitals.”

Here’s a link below to a copy of his subpoena. What shocks the conscience is his statement that “As the City Attorney for the City and County of San Francisco, I have a duty to ensure San Franciscans and Californians have access to accurate information as they make critical healthcare decisions.”

Click to open: SF Subpoena

Really? I’ve looked at the portfolio his office has been given, and don’t see “misinformation police” listed as one of his “duties.” Something smells here. His subpoena is based on investigation of “Substantiation of Advertising (Cal. Bus. & Prof. Code § 17508)“.

This is not the first time a party has tried to shut down a publisher under “False Advertising” laws, and with rare exception, they unilaterally fail. USN&WR, to their credit has filed a responsive lawsuit, which can be read here.

The $64 questions are: 1) How does a city attorney appoint himself the guardian of “misinformation” over speech that a first-year law student could show is constitutionally protected; and 2) given that the City Attorney is by its own admission tasked with providing “the highest quality legal services to the Mayor, Board of Supervisors, and other elected officials,” the reasonable reader — and perhaps an inquisitive reporter — should ask “Who prompted Chiu to issue this subpoena?”

This is just the beginning.

This article originally appeared in Instapundit. Read the whole thing here.

More from LA Times here.

Related:

• Where the local progressive left's penchant for censures, denunciations, and othering got its start

• This is how censorship begins

• Rules for Radicals--2023 SV edition

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