Posted on 02/18/2017 10:51:05 AM PST by kevcol
A federal appeals court has ruled that a Florida law restricting doctors from asking patients whether they own guns restricts the right to free speech.
The 11th U.S. Circuit Court of Appeals found that the law violated doctors’ First Amendment right to free speech, and concluded that the state failed to prove that physicians were infringing on patients’ Second Amendment rights. A previous decision by a three-judge panel by the 11th Circuit upheld the law, but those suing the state asked for the full circuit court to re-consider the case.
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The Republican-controlled Florida state legislature passed a law in 2011 preventing doctors from asking patients about their gun ownership and gun safety procedures. Supporters of the law argued that doctors in the state were overstepping their authority and pushing an anti-Second Amendment agenda.
The move came after a Florida couple said their physician had asked about gun ownership and refused to see them after they declined to answer, according to the Miami Herald. The Brady Center to Prevent Gun Violence quickly challenged the law, which has been battled over in the court system for years.
(Excerpt) Read more at dailycallernewsfoundation.org ...
Yes, and driving is a "privilege" whereas having a gun is a Constitutional Right, and it has nothing to do with the relative danger involved in each!
Any doctor that demands an answer wont get my business.
The problem is that most people, when caught unawares, will blurt out an answer. Even when it is something that they would not have answered had they had a minute to think about it. So this will allow doctors to ask nunofyerbizness questions and have them answered even when the patient may have intended not to answer.
And if you think you would not fall for this, it’s probably true. Those of us reading this are aware, so therefore not easy targets for this sort of thing. But how confident are you that your spouse or child will not blurt out the answer? Or even offer it freely? That is why this should be illegal.
Only one time in my life did someone with no reason to know ask if I owned a firearm.
Tapping my lips with my index and signal finger of my right hand, I said, "Let me think. You know, it's been more than two years since I had to shoot someone. I used to own a gun. I may still. I just can't put my hands on it at this moment."
That produced kind of a wry smile.
If any bozo ever followed up with, "You shot someone?" which I didn't say, I would respond, "Well, when I plug a man, he stays plugged!"
I’d be more honest, and ask why, if it wasn’t to ask if he wanted to go hunting, form a posse, or whatever.
Part of life is letting your honesty test for jerks. If your honesty flushes out a jerk, the jerk is better left behind.
The constitution can at best only be a crude outline of something more fundamental, i.e. God given rights. Things that you may do for the sake of His positive will.
Let’s never forget the original, and always use it in preference to the copy if there is any conflict.
C.O.U.R.T =
S.W.A.M.P
Drain the courts and you will have drained the swamp.
“If a doc asks about guns just lie and and say you don’t believe in guns. ANY other answer will just identify you on a permanent database as a gun owner.”
Exactly right.
I can’t believe so many mere can’t see through this. Especially in the age of 0bamacare.
It has nothing whatsoever to do with ‘free speech’.
“What did the court say about patients telling their doctor to go screw?”
Any answer other than “no” means yes.
That's a great question since the buffoons on this court claim that it is a doctor's "Right to free speech" to ask about guns. If he is being required to ask his/her patients about gun ownership, you can throw out the bull**** about the doctor's First Amendment rights that these maggots on the court are pimping.
In a verdict worthy of the 9th Circus, how is a doctor asking a patient, does the patient own a gun be free speech? It must be free speech to ask the doctor if he has stopped beating his wife.
Just went to a new doctor and they wanted me to fill out my new patient paperwork online. I vehemently said NO WAY! I refuse to fill out any medical information online EVER.
Let the court try ruling that the patients have to answer.
Soon there will be a law REQUIRING doctors to ask patients about their gun ownership status. I bet the won’t find that unconstitutional.
First, I would take out my phone and tell him the conversation will be recorded. Then reverse the roles of interrogator and subject; question him and his reason for asking, then ask a question of my own as a response to any question he asks. Two can play the game.
screw them. Find doctors that are not whores for their medicare money!!
I guarantee you: a refusal or an evasion will be reported to the “appropriate” authority.
A better version of what I was considering. Kudos!
And if they crosscheck the answer with federal agencies and find out it was a lie, then what?
Sure, they can ask. And we can tell them to break into our homes some night and find out. Or just to mind their own business.
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