NRA backed law restricting doctors' free speech struck down

“ 'The Second Amendment right to own and possess firearms does not preclude questions about, commentary on, or criticism for the exercise of that right,' the court said in its majority decision. 'There is no actual conflict between the First Amendment rights of doctors and medical professionals and the Second Amendment rights of patients.' If a patient doesn’t want to answer questions about gun ownership, the judges noted, he or she can find another physician."
http://www.newsweek.com/nra-backed-law-limiting-doctors-gun-speech-struck-down-557944

Losing your medical license because you had a discussion about the safe storage of firearms with a patient seems pretty severe. I wonder if the NRA would think that any discussions on this board violate the Second Amendment.

 

Note also in the ruling that a doctor cannot stop seeing a patient just because they own guns.

 

A Physician has no business inquiring as to whether or not someone owns Firearms, sometimes constructing a psychological armature used in classifying a patient as Emotionally unstable and unfit to own Firearms as when a Driver's license is taken away from a Driver, the definition of Emotional unfit is specious and capricious and not soley based on facts and highly subjective as opposed to objective, hence why I object to such, and simply refuse to answer any questions a Physician may make in relation to Firearms.

 

It is not freedom of speech when the medical associations that health care providers work for, instruct them to ask about firearms. Rather it is compelled speech, thus making it forced.

 

Also patient confidentiality (privileged information) does NOT have anything to do with "Free Speech" there is no excercise of Rights and Free Speech, in relation to a Patients Rights to privacy and confidentiality of Medical records and information.

If a Physician violates a Patients Rights to confidentiality, loss of Medical Licensure is the customary penalty by Law.

 

Great.

Sounds like a good argument for doctors to refuse abortions or care for transgenders.

 

Nothing compels a patient to answer a question from a physician regarding gun ownership.

There are many questions I refuse to answer, some, such as who I voted for in an election, how much I earn, what God (or Gods) I pray to, or on forms, my race, and many others I don't answer on principal and the answer to many questions I judge to be of no one's business. I guess I never saw this as a problem.

I have CCW's from more than one state and am rarely without a gun but even many of my closest friends and family don't know I own a gun, much less if am carrying; even my last girlfriend had no idea. As I think on it, I have family and friends that don't even know what I do for a living.

 

It seems the NRA hates the first amendment but loves the second. How nice to pick and choose

 

What a load of BS. This is about REQUIRING a doctor to spew anti-gun propaganda. However, my doctor and I did have a discussion about guns. The end result was that I built him an AR.

 

LOL I can't wait until the NRA gets a law passed that requires doctors to ask why a patient doesn't have a gun for the obvious reason of guns save lives.

 

Unless a doctor is a gun owner themselves they are most likely not qualified to advise or give an educated opinion about firearms and ownership. Also it has no bearing what so ever on the majority of patients health issues. They can ask all they want to and I will ask them what degree of education they have about firearms and why they want to know. Now if some patient is "OBVIOUSLY" mentally unstable, a doctor wouldn't ask them anyway, they would advise their family members and only advise them. It is not up to just one doctor to determine if someone is a danger to themselves, the doctor may be a political elitist and have a biased agenda towards anyone who owns firearms. Declaring someone mentally unstable and temporarily stripping them of their constitutional rights should be done by the opinions and evidence of several doctors specializing in mental health, and through a court.

 

You sure love to make stuff up, NRA supports First Amendment, and this is NOT a First Amendment issue.

 

Forcing a doctor NOT to ask a question is not a first amendment issue?

 

The court certainly viewed it as a First Amendment issue.

 

Would it be okay as far as the 1st. Amendment goes for a doctor to ask all young black and hispanic males if they are currently or have plans to join a gang?

 

The actual law is much more nuanced than the news reports. The doctor can ask the question if it's deemed medically necessary, just not routinely. IMHO, the court jumped the boat on this. It would be almost impossible to prosecute a doctor, unless they refused a patient due to not answering questions about guns (4).

Here is the text of the actual law.
http://www.leg.state.fl.us/Statutes...ng+&URL=0700-0799/0790/Sections/0790.338.html

 

I agree it is completely unenforceable

 

Because they were not presented with evidence that the American Medial Association was requiring healthcare physicians to ask firearm-related questions, and promote a specific agenda.

 

"the Civil Rights Act of 1964 prohibits physicians and hospitals receiving federal funding, including Medicare and Medicaid (so read: nearly everyone), from discriminating against patients on the basis of race, color, religion, or national origin."
http://blogs.harvard.edu/billofhealth/2012/09/07/discrimination-in-the-doctor-patient-relationship/

Gun owners are not a protected class.

 

Freedom of speech, ie The First Amendment, does not cover the Relationship between a Physician and Patient, anyone that has worked as a Healthcare provider would know that, there are many professional relationships that are not protected by the First Amendment, Lawyers, Clergy, where communications are protected by Law, and are Sacrosanct.

 

Your wishes are divorced from reality, Gun owners are protected by the Second Amendment.

 

That was never the issue really - simply one woman getting her knickers in a knot

 

False. Those relationships are protected by the first amendment. Are you saying the government could pass a law that say doctors are forbidden from expressing their opinions to a patient on a certain subject?

 

They receive no special protection against discrimination under the law. So don't get your panties all in a twist about being asked some questions that non gun owners are not asked.

 

Have you read the actual law (which I posted in a post below, along with the link to the actual law)? Nothing in the law, per layman reading, is enforceable, outside of not allowing doctors to refuse patients due to gun related questions/answers or the refusal to answer.