HealthLawProf Blog

Editor: Katharine Van Tassel
Akron Univ. School of Law

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Monday, September 19, 2011

Florida Law Prohibiting Firearm Questions Fails First Amendment Scrutiny

 According to BNA Reports:

A Florida law that prohibits physicians from asking patients whether they own firearms likely violates physicians' free speech rights under the First Amendment to the U.S. Constitution, a federal district court ruled Sept. 14 (Wollschlaeger v. Farmer, S.D. Fla., No. 1:11-cv-22026, 9/14/11). The U.S. District Court for the Southern District of Florida preliminary enjoined enforcement of Fla. Stat. §790.338, popularly known as the “Firearm Owners' Privacy Act.” The court said the act interfered with physicians' rights to counsel their patients on safety issues involved in firearm ownership.

[KVT]

http://lawprofessors.typepad.com/healthlawprof_blog/2011/09/florida-law-prohibiting-firearm-questions-fails-first-amendment-scrutiny.html

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