Bowden sues Texas Medical Board alleging retaliation for protected speech
In 2024 Dr. Mary Talley Bowden and Americans for Health Freedom sued the Texas Medical Board, alleging its investigation and complaint against her retaliated against protected speech and exceeded statutory authority in light of Texas off-label prescribing protections.
Bowden, joined by her nonprofit Americans for Health Freedom, filed suit against the Texas Medical Board seeking declaratory and injunctive relief. The petition alleged that TMB's disciplinary action was retaliatory, targeted constitutionally protected speech about COVID-19 policy, and conflicted with Texas Occupations Code protections for off-label prescribing enacted in 2023. The lawsuit sought to enjoin further proceedings and to establish that physician public commentary on medical policy is protected. The case drew attention from medical-freedom advocates and was covered by state and national outlets.