The 11th Circuit Court of Appeals upheld the Florida law banning doctors from discussing gun safety with patients.The judge writing for the majority in the 2-1 decision said that discussions of guns were irrelevant and invaded patients’ privacy. The ACLU claimed that the law violates the free speech rights of doctors to discuss a crucial public health issue. (Space Coast Daily, July 31, 2014, by Dr. James Palermo)
Writing in the Miami Herald, Helen Aguirre Ferre, August 2, 2014, criticized the law as insidious government censorship, “Doctors have felt increasingly badgered by government regulations that constrain their ability to uphold the Hippocratic Oath that requires them to responsibly treat all patients for the purpose of saving lives. It is alarming that Florida has a law that hampers that function. It says Tallahassee does not have confidence in the medical profession to do the right thing by their patients, so their speech and activities must be monitored. It is an odd position for Republicans, who espouse fewer government regulations to take. Unless, of course, the regulation favors the NRA’s position, then it is OK.”
Two libertarian lawyers found the law part of a growing trend of governments censoring the speech of those engaged in licensed occupations. The lawyers said doctors have a right to discuss subjects patients might not want to hear about, “Many patients probably prefer not to discuss their gun ownership with their doctor, just as others may not want to discuss their sexual activity or alcohol intake, particularly if they believe the doctor’s inquiries are motivated more by a political agenda than by medical necessity. But the First Amendment generally doesn’t let the government outlaw the asking of annoying questions. Instead, people can refuse to answer or decline to associate with those who insist on asking such questions.” (The New York Times, August 1, 2014, by Paul Sherman and Robert McNamara)