Fed judge blocks Florida law against dr's asking about guns

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Fed judge blocks Florida law against dr's asking about guns

Postby Bruenor » Thu Jul 05, 2012 8:13 am

http://www.cleveland.com/nation/index.s ... ida_l.html

U.S. District Judge Marcia Cooke, who had already issued a preliminary injunction last September, made her decision permanent late Friday when she ruled in favor of groups of physicians who asserted that the law violated their free speech rights. She said the law was so "vague" that it violated the First Amendment rights of doctors, noting that the legislation's privacy provisions "fail to provide any standards for practitioners to follow."


"What is curious about this law -- and what makes it different from so many other laws involving practitioners' speech -- is that it aims to restrict a practitioner's ability to provide truthful, non-misleading information to a patient, whether relevant or not at the time of the consult with the patient," Cooke wrote, citing the benefit of such "preventive medicine."

Obvioously because all Doctors are Firearms experts.. yeah right.

"We're acting out of common sense, and this is a common sense issue," said Wollschlaeger, a past president of the Dade County Medical Association. "My fear is the state will appeal and keeping wasting money to fight windmills. This is an ideologically driven, politically motivated vendetta by the NRA (National Rifle Association) that has to stop."


"common sense{".. the battle cry of the anti-gunner, as in "common Sense gun laws"

The NRA tried to intervene in the doctors' lawsuit. But the judge denied the lobbying group's request, saying the state could adequately defend itself. Lawyers for the Washington-based Brady Center to Prevent Gun Violence were also involved in the case, representing the doctors' side.

"Guns in the home are a proven deadly risk," Dan Gross, president of the Brady Center, said in a written statement. "Guns kill eight children every day. The government cannot tell us or our doctors that we are prohibited from discussing the deadly risks posed by guns."


The NRA is blocked form assisting in the Case, but the Brady group is allowed.. no bias from the judge there....
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Re: Fed judge blocks Florida law against dr's asking about g

Postby Javelin Man » Thu Jul 05, 2012 8:17 am

guns kill eight children every day...

Didn't it used to be over 25, then 15, then 12 a day? Doesn't this mean we're making a huge difference in saving lives?
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Re: Fed judge blocks Florida law against dr's asking about g

Postby steves 50de » Thu Jul 05, 2012 3:33 pm

Simple answer if they ask,... nunya. :wink: You are violating my privacy provision's.
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Re: Fed judge blocks Florida law against dr's asking about g

Postby jarhead86 » Fri Jul 06, 2012 6:23 pm

IF this is the doctors first admendment right to ask this question. It's the patients fifth admendment right to keep his/her mouth shut. :roll:
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Re: Fed judge blocks Florida law against dr's asking about g

Postby MrKitty » Fri Jul 06, 2012 8:16 pm

jarhead86 wrote:IF this is the doctors first admendment right to ask this question. It's the patients fifth admendment right to keep his/her mouth shut. :roll:


I always felt the same way. None of their business. ^-^
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Re: Fed judge blocks Florida law against dr's asking about g

Postby Imcrazy » Fri Jul 06, 2012 9:55 pm

jarhead86 wrote:IF this is the doctors first amendment right to ask this question. It's the patients fifth amendment right to keep his/her mouth shut. :roll:


Exactly.
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Re: Fed judge blocks Florida law against dr's asking about g

Postby jc138107 » Sun Jul 08, 2012 8:54 pm

I think the judge made the right decision the first amendment applies to doctors as well. As a general rule I don't ask patients about firearm ownership, it is only relevant to medical care in very limited situations.
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