Court of Appeals revives Scott Jensen’s free speech lawsuit against medical licensing board
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The U.S. Court of Appeals revived a lawsuit Tuesday that a leading Republican candidate filed years ago against the Minnesota Board of Medical Practice over its review of his physician’s license.
The decision stems from a lawsuit Scott Jensen, now the GOP nominee for state auditor, filed in 2023 shortly after an unsuccessful run for governor against Gov. Tim Walz, alleging that he was targeted for investigation by the board over his views on COVID-19. The board had received numerous complaints that Jensen, a physician, was spreading misinformation about coronavirus.
“I feel vindicated,” Jensen said. “This is much bigger than just one family doctor who felt like he got squashed.”
According to the decision, the board investigated Jensen multiple times over several years. Jensen sued on First Amendment grounds, arguing that he had to self-censor his campaign messaging while running for governor because he didn't want to draw more board scrutiny.
“Years of investigations by the Minnesota Board of Medical Practice caused Dr. Scott Jensen to speak less and spend more,” Court of Appeals judge David Stras wrote in the decision. “Either would be enough for a court to hear his case, so we reverse.”
The lawsuit has been thrown out by federal judges before, so Tuesday’s reversal is a win for Jensen and his current campaign for state auditor. DFL-endorsed Zach Filipovich, a former Duluth city council member and an accountant, and Forward Independence candidate Jay Reeves, an Army veteran, are also running.
“In regards to my current run for state auditor I don’t think this will play a prominent role, other than that it will remind people I am willing to take a stand and that I do have the courage to fight through difficult things,” Jensen said.
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