Read the Beforeitsnews.com story here. Advertise at Before It's News here.
Profile image
By Williams Tea Party
Contributor profile | More stories
Story Views
Now:
Last hour:
Last 24 hours:
Total:

Do Doctors Have a First Amendment Right to Ask Patients About Guns?

% of readers think this story is Fact. Add your two cents.


Andrew Kloster July 30, 2013

The United States Court of Appeals for the Eleventh Circuit recently heard oral arguments in Wollschlaeger v. Florida (PDF), popularly known as the “Docs vs. Glocks” case, which involves an apparent conflict between the First and Second Amendments. Last year, a United States district court enjoined enforcement of Florida statute § 790.338, the Firearm Owners’ Privacy Act, on First Amendment grounds.

The case involves the Firearm Owners’ Privacy Act, which the Florida legislature passed in 2011 to “address constituents’ complaints about discrimination and harassment of gun owners by health care providers,” according to the appeal brief of the state of Florida. Given the President’s gun control campaign, noting as it does that “the Affordable Care Act does not prohibit or otherwise regulate communication between doctors and patients, including about firearms” (and tacitly encouraging doctors to ask about gun ownership), questions about the ability of the government to regulate professional speech are of immense importance.

The leading Supreme Court case on point is Lowe v. SEC, 472 U.S. 181 (1985). A concurrence by Justice Byron White lays out a useful conceptual distinction that has been used by American courts in professional speech cases ever since:

One who takes the affairs of a client personally in hand and purports to exercise judgment on behalf of the client in the light of the client’s individual needs and circumstances is properly viewed as engaging in the practice of a profession.… Where the personal nexus between professional and client does not exist, and a speaker does not purport to be exercising judgment on behalf of any particular individual with whose circumstances he is directly acquainted, government regulation ceases to function as legitimate regulation of professional practice with only incidental impact on speech; it becomes regulation of speaking or publishing as such, subject to the First Amendment’s command that “Congress shall make no law…abridging the freedom of speech, or of the press.”

Read full story at The Foundry



Source: http://williamsteaparty.com/2014/01/25/doctors-amendment-patients-guns/


Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.

"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.

Please Help Support BeforeitsNews by trying our Natural Health Products below!


Order by Phone at 888-809-8385 or online at https://mitocopper.com M - F 9am to 5pm EST

Order by Phone at 888-388-7003 or online at https://www.herbanomic.com M - F 9am to 5pm EST

Order by Phone at 888-388-7003 or online at https://www.herbanomics.com M - F 9am to 5pm EST


Humic & Fulvic Trace Minerals Complex - Nature's most important supplement! Vivid Dreams again!

HNEX HydroNano EXtracellular Water - Improve immune system health and reduce inflammation

Ultimate Clinical Potency Curcumin - Natural pain relief, reduce inflammation and so much more.

MitoCopper - Bioavailable Copper destroys pathogens and gives you more energy. (See Blood Video)
Oxy Powder - Natural Colon Cleanser!  Cleans out toxic buildup with oxygen! 
Nascent Iodine - Promotes detoxification, mental focus and thyroid health.
Smart Meter Cover -  Reduces Smart Meter radiation by 96%!  (See Video)

Immusist Beverage Concentrate - Proprietary blend, formulated to reduce inflammation while hydrating and oxygenating the cells.

Report abuse
Loading...

    Comments

    Your Comments
    Question   Razz  Sad   Evil  Exclaim  Smile  Redface  Biggrin  Surprised  Eek   Confused   Cool  LOL   Mad   Twisted  Rolleyes   Wink  Idea  Arrow  Neutral  Cry   Mr. Green

    MOST RECENT
    Load more ...

    SignUp

    Login

    Newsletter

    Email this story
    Email this story

    If you really want to ban this commenter, please write down the reason:

    If you really want to disable all recommended stories, click on OK button. After that, you will be redirect to your options page.