A federal appeals court ruled on Thursday that Florida doctors can talk to patients about gun safety, declaring a law aimed at restricting such discussions a violation of the First Amendment’s right to free speech.
Personally, I feel that it is none of the Doctors business whether I own a firearm or not. Let alone have it documented in a Medical Record. I feel that it is nobody’s business if I own a firearm, or how many firearms I own. It is a violation of privacy.
I know there are going to be people on both sides of the spectrum’s with varying points of view. That’s part of what makes our Constitutional Republic great. However, I have no positive vibes for the process of Doctors asking me what I own for personnel protection.
The 11th U.S. Circuit Court of Appeals found that the law does not trespass on patients’ Second Amendment rights to own guns and noted a patient who doesn’t want to be questioned about that can easily find another doctor.
“The Second Amendment right to own and possess firearms does not preclude questions about, commentary on, or criticism for the exercise of that right,” wrote Circuit Judge Adalberto Jordan in one of two majority opinions covering 90 pages. “There is no actual conflict between the First Amendment rights of doctors and medical professionals and the Second Amendment rights of patients.”
Circuit Judge William Pryor, who was a finalist in President Donald Trump’s search for a Supreme Court nominee, said in a separate concurring opinion that the First Amendment must protect all points of view.
“The promise of free speech is that even when one holds an unpopular point of view, the state cannot stifle it,” he wrote. “The price Americans pay for this freedom is that the rule remains unchanged regardless of who is in the majority.”
The law was passed in 2011 and signed by Republican Gov. Rick Scott with strong support from the National Rifle Association. It was the only one of its kind in the nation, although similar laws have been considered in other states.
Supporters in the Republican-controlled Florida Legislature insisted it was necessary because doctors were overstepping their bounds and pushing an anti-gun, anti-Second Amendment agenda.
The law was challenged almost immediately by thousands of physicians, medical organizations and other groups such as the American Civil Liberties Union as a violation of free speech in what became known as the “Docs v. Glocks” case. A legal battle has raged in the courts since then, with several conflicting opinions issued. (Read More)