JUST A BRIEF NOTE ON MERCURY COURT ACTIONS

Bet you didn't think I could be brief. Relatively, of course.

As of 14 July, dentists in Connecticut can now speak as human beings. The first amendment of our Constitution has not applied to dentists since Dr. Huggins made his presentation to a formal meeting at ADA headquarters in 1984 about the toxicity of mercury. After that meeting, the ADA adopted a new strategy of removing the licenses of any dentist who "mentioned" that mercury might be hazardous. This was called a "gag rule".

Many dentists have been caught in this net. That is changing. Dr. Mark Breiner was threatened with license revocation on numerous occasions due to writing about mercury toxicity in newspapers and telling his patients about it. The ACLU and Breiners attorneys fought for several years, and the 14th was the result. He may speak with first amendment rights. He may say that mercury is poisonous. At first the dental board said he could write, but not tell his patients in his office about mercury toxicity. The judge did not buy it.

Believe it or not, the state of Connecticut must pay the ACLU its legal fees. This should send a message to other states that dentistry cannot continue to place poisons in unsuspecting, trusting patients, and get away with it.

Attorney Charlie Brown has fought this battle for 7 years, I believe, and has been involved in successfully curtailing threats to dentists in Florida, Arizona, and Maryland. In California attorneys even got the state board of dental examiners abolished for a year. They took heed, but mercury is still a problem in California.

To quote Charlie Brown (former Attorney General for West Virginia I think) "The ADAs rule of conduct forcing silence on the part of dentists has been one of the greatest impediments to consumers learning the truth about amalgam or even learning they are mainly mercury, and not "silver". A decade ago, the ADAs monopoly was unchallenged and the dental boards it is still hard to believe were AGENTS of the ADA, taking licenses from dentists who would not kowtow to the gag rule."

Attorney Sandy Duffy and the ACLU in Oregon and Iowa led a fight that led to having the ADA gag rule declared "unconstitutional".

In Alabama, the dental board, after a couple of years of harassing Dr. Ada Frazier, finally allows her to advertise that she is mercury free. This was a big defeat for the dental board, who expected her to quit dentistry and start waiting tables where they wanted her. They dont know Dr. Ada.

More and more actions are being initiated against the ADA, and I have the feeling that it will not be recognized as a "Health Profession" organization much longer.

Hal Huggins


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