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Judge Rules Against NRA in "Docs vs. Glocks" Case
Miami Herald ^ | 7/3/12 | Jay Weaver

Posted on 07/03/2012 4:42:34 AM PDT by MedNole

A federal judge has blocked the state of Florida from enforcing a new law pushed by firearm advocates that banned thousands of doctors from discussing gun ownership with their patients.

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 the state violated their free speech rights. She said the law was so “vague” that it violated the First Amendment rights of doctors, noting the legislation’s privacy provisions “fail to provide any standards for practitioners to follow.”

The physicians’ lawsuit, an ideological battle between advocates of free speech and the right to bear arms, has been dubbed “Docs vs. Glocks.” The state Department of Health could appeal her summary judgment, which addressed legislation signed into law last year by Gov. Rick Scott.

In her 25-page ruling, Cooke clearly sided with the physicians, saying evidence showed that physicians began “self-censoring” because of the “chilling” effect of the legislation.

“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.”

A federal judge has blocked the state of Florida from enforcing a new law pushed by firearm advocates that banned thousands of doctors from discussing gun ownership with their patients.

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 the state violated their free speech rights. .

(Excerpt) Read more at miamiherald.com ...


TOPICS: US: Florida
KEYWORDS: banglist; healthcare; nra
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I'm not sure if any of you have been following this case, but it involved a law passed in Florida last year which prevented doctors from asking their patients about gun ownership. Doctors argued that as part of a medical screening exam they ask about everything from swimming pools, seat belts, bike safety, guns, etc. to make sure that all appropriate safety measures were being taken. They argued that that they have free speech like anyone else, and if the patient/parent doesn't like it, then they are free to go elsewhere. The NRA argued that inquiring about firearms is an infringement on the patient's 2nd amendment, and many patients do not have options to seek care from another physician, so therefore the law is necessary. The judge didn't by the NRA argument and ruled that the law is unconstitutional.
1 posted on 07/03/2012 4:42:43 AM PDT by MedNole
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To: MedNole

First black woman federal judge in FL. Appointed in 2003 by GW Bush. Per Wiki


2 posted on 07/03/2012 4:48:01 AM PDT by donozark (Col. C.Beckwith:I'd rather go down the river with 7 studs than with a hundred shitheads.)
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To: MedNole

“...they ask about everything from swimming pools, seat belts, bike safety, guns, etc. to make sure that all appropriate safety measures were being taken.”

It is not my physician’s job to make sure I’m safe, it is his job to heal me when I’m not safe.


3 posted on 07/03/2012 4:50:32 AM PDT by WorkerbeeCitizen (we are so screwed - I will not submit)
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To: MedNole

This becomes even more relevant with the coming of socialized medicine.


4 posted on 07/03/2012 4:56:09 AM PDT by VeniVidiVici (Congrats to Ted Kennedy! He's been sober for two years now!!)
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To: WorkerbeeCitizen

In my experience, they didn’t ask about most of that stuff, just the guns part.

I encountered this in one of our last pediatrician visits about a dozen years ago. The physician involved got really huffy when I suggested there appeared there might be a boundary violation involved.


5 posted on 07/03/2012 4:56:52 AM PDT by FreedomPoster (Islam delenda est)
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To: MedNole

And if I have a gun and say I don’t? To my DOCTOR??? Did I just break a law? To my DOCTOR???


6 posted on 07/03/2012 4:57:18 AM PDT by samtheman (The Trillion Dollar ObamaCareTax definitely is a tax; just ask the US Supreme Court.)
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To: MedNole; All

I think you just keep the focus squarely about ones health and keep the conversations squarely on those issues and if the doctor gets a bit pushy you start asking the doctor about his house and pool and guns...after all one can argue that a doctor’s ability to practise medicine may be affected by his inability to keep his own house hold safe and in order!


7 posted on 07/03/2012 4:58:08 AM PDT by mdmathis6 (Not left wing! Not right wing! But....CHRIST WING!)
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To: MedNole

Imagine the reaction if your doctors started asking if you own any hoodies.


8 posted on 07/03/2012 5:09:02 AM PDT by tacticalogic ("Oh, bother!" said Pooh, as he chambered his last round.)
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To: FreedomPoster
"In my experience, they didn’t ask about most of that stuff, just the guns part."

Same here. They never ask about me about operating a chain saw, owning a motorcycle or swiming pool, or sky diving, or handling pesticides. Just family medical history, smoking, alcohol/drug use,...and oh, BTW, "do you own firearms?" Turd in the punchbowl. Nice try, Doc.
9 posted on 07/03/2012 5:12:52 AM PDT by PowderMonkey (WILL WORK FOR AMMO)
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To: tacticalogic

“No doctor but I own a hoody with “Justice for Trayvon” stamped onto it!

Heh heh!


10 posted on 07/03/2012 5:14:50 AM PDT by mdmathis6 (Not left wing! Not right wing! But....CHRIST WING!)
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To: MedNole

“Mr. GnL, do you have a gun in your home?”

“No, doc, I have many guns. I have an arsenal so large it would scare the bejeezus out of you.”


11 posted on 07/03/2012 5:15:01 AM PDT by GnL
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To: MedNole

You can tell your physician like I tell mine: MYOB.

It ain’t his job. The government made it his job.See the new zerocare law which authorizes such “wellness screenings”. While they have been pushing this type of crap in wellness screenings for years, the gummint is now wanting the info in your emr. Scru ‘em.


12 posted on 07/03/2012 5:17:54 AM PDT by Adder (Da bro has GOT to go!)
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To: MedNole

My last visit to a Dr...

“OK, I’ll answer your seatbelt question, but don’t ask about anything else.”


13 posted on 07/03/2012 5:18:33 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: GnL

“Mr. GnL, do you have a gun in your home”

Maybe I do and maybe I don’t...next question please!


14 posted on 07/03/2012 5:18:54 AM PDT by mdmathis6 (Not left wing! Not right wing! But....CHRIST WING!)
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To: GnL

This question was on the questionnaire I got when taking my yearly physical. I wrote in large letters: “NOT YOUR BUSINESS!!”

When going over the questionnaire, the doctor sheepishly explained that this question was there because if I did have guns, he would want to know if my children were trained in gun safety. I said, “Well, then why don’t you just ask me if my children are trained in gun safety?”

He moved on.


15 posted on 07/03/2012 5:22:39 AM PDT by Carlucci
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To: mdmathis6

The thing is, any answer besides a “no,” pretty much means a “yes.” Doctors are smart enough to figure that out. “MYOB” definitely means a “yes.”


16 posted on 07/03/2012 5:23:07 AM PDT by GnL
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To: WorkerbeeCitizen
That was exactly my thought. Preventative care related questions like diet, exercise, alcohol or tobacco use, even sexual practices - fine. Those things relate directly to my health. Branching out into things that only indirectly may impact my health is too much. You're a doctor, not my mother. If I wear a helmet when I ride or not, not your area of expertise. Seatbelts? None of your business. Do I carry when I'm in a bad part of town? Next question.
17 posted on 07/03/2012 5:24:26 AM PDT by ThunderSleeps (Stop obama now! Stop the hussein - insane agenda!)
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To: mdmathis6

“I don’t talk about that. It would spoil the surprise.”


18 posted on 07/03/2012 5:24:45 AM PDT by tacticalogic ("Oh, bother!" said Pooh, as he chambered his last round.)
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To: MedNole

The only Dr. that should care about my association with firearms is my audiologist....and she’s my wife, who has her own collection of firearms.


19 posted on 07/03/2012 5:26:10 AM PDT by G Larry (I'm under no obligation to be a passive victim!)
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To: MedNole
This thread has just added to the FreeRepublic "bang list" (firearms interest list) by adding the keyword "banglist".

Any time a firearms-related thread is created on FreeRepublic, please be sure to add the "banglist" keyword to it so that interested FReepers don't miss it. Just a suggestion.

Let Freedom Ring,

Gun Facts v6!

Click the pic to go to the Gun Facts v6 download page!

20 posted on 07/03/2012 5:32:34 AM PDT by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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