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Started By
Message
Florida doctors can ask patients about guns, court rules
Posted on 2/19/17 at 9:13 am
Posted on 2/19/17 at 9:13 am
quote:
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.
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.
Is your doctor's office the appropriate place to ask you if you have a gun? - read more on Fox News
Posted on 2/19/17 at 9:18 am to FrenchToast
I see Conservative Judges are able to make rulings based on the Constitution and laws, no matter what their personal feelings on the subject may be. How refreshing.
Posted on 2/19/17 at 9:20 am to FrenchToast
quote:
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.
If you like your doctor...
What happens if the patient refuses to answer?
Posted on 2/19/17 at 9:21 am to FrenchToast
My knee jerk reaction is that this is the proper ruling
Posted on 2/19/17 at 9:24 am to dinner roll
Free speech also includes lying like hell to your doctor.
"No Doc, I don't own any guns."
Not hard to do.
"No Doc, I don't own any guns."
Not hard to do.
Posted on 2/19/17 at 9:24 am to FrenchToast
As long as my doctor can't force me to listen to his questions. I'm good. If he insists, I find another doctor who doesn't. I talk to my doctors all the time about sports and that doesn't seem to upset the apple cart. Now if all they want to talk about is the Hogs, then we have a problem.
Posted on 2/19/17 at 9:25 am to GIbson05
It's Florida, boating accidents happen often, and dammit if a lot of guns aren't lost in those boating accidents.
Posted on 2/19/17 at 9:25 am to dinner roll
quote:
If you like your doctor...
You could just lie or refuse to answer. Its not like the doctor has and legal authority on the matter
Posted on 2/19/17 at 9:27 am to FrenchToast
quote:
"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."
This leads me to an idea for those who oppose other viewpoints or activities based on their own first amendment rights.
When people don't want to participate in an activity that violates their religious beliefs they should go ahead a participate but just do a shitty job.
For the bakers who are now being forced to bake cakes for LBGTQRSTUV ceremonies just make them a crapy cake. Same with florists or whatever.
When they complain then just tell them they used artistic license to make something they though best represented the occasion
Problem will solve itself
This post was edited on 2/19/17 at 9:30 am
Posted on 2/19/17 at 9:28 am to FrenchToast
Correct decision in my view. Freedom is never advanced by silencing people.
I get the fear of using docs as data gatherers, but seriously, just say "nope, no guns!" Problem solved.
Posted on 2/19/17 at 9:30 am to FrenchToast
We needed a US Court of Appeaks to tell us this? Oh, right, Florida tried to make it illegal. Lol
Posted on 2/19/17 at 9:31 am to FrenchToast
So if a doctor asks a patient about their gun, can the patient ask the Dr about their extramarital affair? Free speech and all
Posted on 2/19/17 at 9:33 am to SundayFunday
I've already been asked this...and said no. Then I asked him how often he has anal sex since it increases the possibility of AIDS and he laughed. He said, about as often as you vote Democrat.
As long as he doesn't have the power to abridge the 4th Ammendment, it doesn't really matter. It is a bullshite line of questioning though.
As long as he doesn't have the power to abridge the 4th Ammendment, it doesn't really matter. It is a bullshite line of questioning though.
Posted on 2/19/17 at 9:33 am to FrenchToast
Well, to answer your question Doc,
all my guns were lost in a tragic boating accident.
all my guns were lost in a tragic boating accident.
Posted on 2/19/17 at 9:42 am to FrenchToast
quote:This is the crap you get when you elect too many Republicans. They seem to care very little for the 1st Amendment and personal liberty.
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.
Sure, the D's have their over reaches too.
Posted on 2/19/17 at 9:44 am to FrenchToast
It's pretty simple tell your doctor to go frick himself and then apologize BC he just doing what is required
Posted on 2/19/17 at 9:46 am to PsychTiger
quote:
It's Florida, boating accidents happen often, and dammit if a lot of guns aren't lost in those boating accidents.
Louisiana too. My Dr. Is a longtime family friend and he was actually with me in the tragic boating accident that claimed both of our guns.
Posted on 2/19/17 at 9:48 am to mmcgrath
quote:
This is the crap you get when you elect too many Republicans. They seem to care very little for the 1st Amendment and personal liberty.
Sure, the D's have their over reaches too.
When Republicans start burning down the Dr.'s offices you can claim moral equivalence. Until then frick yourself.
Posted on 2/19/17 at 9:50 am to shinerfan
quote:I am not claiming any moral equivalence, but you have to admit that laws like this one should never have gotten a second vote in favor, much less become a law.
When Republicans start burning down the Dr.'s offices you can claim moral equivalence. Until then frick yourself.
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