The NRA knew this was doctors’ “lane” when they supported a (now overturned) law in Florida to restrict doctors, mostly pediatricians, from discussing guns and gun safety with their patients and patients’ families.
Court rules that Florida doctors can talk to patients about guns
A controversial Florida law that restricted doctors from asking patients about firearm ownership violates medical professionals' constitutional right to free speech, a federal appeals court ruled Thursday.
"This is a hugely important victory for the First Amendment, for the rights of doctors and perhaps most importantly, the patients and families who are trying to protect themselves from guns in the home," said Jonathan Lowy, one of the lawyers in the case and the director of the Brady Center to Prevent Gun Violence's Legal Action Project.
The law immediately spurred a lawsuit by the Brady Center to Prevent Gun Violence, on behalf of a group of individual Florida doctors, including North Miami Beach physician Bernd Wollschlaeger, and organizations representing 11,000 Florida health care providers.
A Miami federal judge in 2012 ruled in their favor, saying the legislation was based on anecdotal information and unfounded conjecture. Two years later, the 2-1 decision by 11th Circuit reversed her decision.
But the plaintiffs asked that the entire appeals court consider the case — and the majority ruled in their favor.
"There was no evidence whatsoever before the Florida Legislature that any doctors or medical professionals have taken away patients' firearms or otherwise infringed on patient' Second Amendment rights," Judge Adalberto Jordan wrote, noting that doctors and medical professionals don't have any legal authority to take away anyone's guns anyway.The NRA and Florida attorneys had argued that under the law, doctors could ask about firearms if the questions were relevant to a patient's health or safety, or someone else's safety, and that the law was aimed at eliminating harassment of gun owners. But the 11th Circuit said there was no evidence of harassment or improper disclosure of gun ownership in health records, as law supporters also claimed.
Attorney Doug Hallward-Driemeier, who also worked on the suit, said the decision was "critical to the health and safety of Florida families."
"It makes clear that the First Amendment does not allow the government, on the basis of politics, to interfere with a doctor providing her best medical advice to her patient," he said.
tampabay.com/news/nation/court-rules-that-florida-doctors-can-talk-to-patients-about-guns/2313548
