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Thu Feb 16, 2017, 08:38 PM

Court rules that Florida doctors can talk to patients about guns

Source: Tampa Bay Times

MIAMI A federal appeals court ruled on Thursday that Florida doctors can talk to patients about gun safety, declaring a law aimed at restricting such discussions a violation of the First Amendment's right to free speech.

The 11th U.S. Circuit Court of Appeals found that the law does not trespass on patients' Second Amendment rights to own guns and noted a patient who doesn't want to be questioned about that can easily find another doctor.

"The Second Amendment right to own and possess firearms does not preclude questions about, commentary on, or criticism for the exercise of that right," wrote Circuit Judge Adalberto Jordan in one of two majority opinions covering 90 pages. "There is no actual conflict between the First Amendment rights of doctors and medical professionals and the Second Amendment rights of patients."

Circuit Judge William Pryor, who was a finalist in President Donald Trump's search for a Supreme Court nominee, said in a separate concurring opinion that the First Amendment must protect all points of view.

Read more: http://www.tampabay.com/news/nation/court-rules-that-florida-doctors-can-talk-to-patients-about-guns/2313548

29 replies, 1863 views

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Arrow 29 replies Author Time Post
Reply Court rules that Florida doctors can talk to patients about guns (Original post)
teach1st Feb 2017 OP
50 Shades Of Blue Feb 2017 #1
iluvtennis Feb 2017 #6
Paladin Feb 2017 #2
LisaM Feb 2017 #3
better Feb 2017 #4
enough Feb 2017 #5
halobeam Feb 2017 #26
C Moon Feb 2017 #7
ManiacJoe Feb 2017 #12
tblue37 Feb 2017 #21
ManiacJoe Feb 2017 #22
petronius Feb 2017 #29
marybourg Feb 2017 #13
C Moon Feb 2017 #17
Hoyt Feb 2017 #8
oneshooter Feb 2017 #9
mpcamb Feb 2017 #11
oneshooter Feb 2017 #15
marybourg Feb 2017 #14
tenorly Feb 2017 #10
oneshooter Feb 2017 #16
tenorly Feb 2017 #18
Judi Lynn Feb 2017 #19
tenorly Feb 2017 #20
A Round Tuit Feb 2017 #23
BruceWane Feb 2017 #24
BruceWane Feb 2017 #25
J_William_Ryan Feb 2017 #27
Aristus Feb 2017 #28

Response to teach1st (Original post)

Thu Feb 16, 2017, 08:39 PM

1. GOOD! FUCK YOU, NRA!!!!!!!

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Response to 50 Shades Of Blue (Reply #1)

Thu Feb 16, 2017, 09:18 PM

6. +100 nt

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Response to teach1st (Original post)

Thu Feb 16, 2017, 08:42 PM

2. Outstanding. (nt)

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Response to teach1st (Original post)

Thu Feb 16, 2017, 08:42 PM

3. I can't believe we are wasting time on all this, but a great outcome.

Honestly, the NRA must be filled with a lot of paranoic people if this got to the courts.

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Response to teach1st (Original post)

Thu Feb 16, 2017, 08:58 PM

4. What next?

Driving instructors talking to students about DUI?
THE HORROR!

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Response to teach1st (Original post)

Thu Feb 16, 2017, 09:17 PM

5. I remember the time our pediatrician asked me about guns in our house.

That was when I realized my teenage daughter's talk of suicide was serious. A horrible moment for me, and I wanted to hate/hurt the doctor, but that was true medicine for our family, and we're all still alive 25 years later, thanks to her.

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Response to enough (Reply #5)

Fri Feb 17, 2017, 12:02 PM

26. What a nightmare that must have been.

I'm so glad to hear everything is alright!

I'm relieved to know this will likely help other families, as it did yours.

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Response to teach1st (Original post)

Thu Feb 16, 2017, 09:35 PM

7. That is nuts that they have to pass a law allowing doctors to talk to patients about guns.

Freakeh!

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Response to C Moon (Reply #7)

Thu Feb 16, 2017, 11:15 PM

12. Not nearly as nuts as

the doctor telling the patient to find a new doctor because the patient owns guns.

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Response to ManiacJoe (Reply #12)

Fri Feb 17, 2017, 02:02 AM

21. That is NOT what the court said. It said that it does not violate the

patient's Second Amendment rights because if the patient doesn't like the doctor's questioning about guns, he could just ditch that doctor and find one more compatible.

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Response to tblue37 (Reply #21)

Fri Feb 17, 2017, 05:16 AM

22. Correct about the court.

The doctor dropping the patient is what started the whole thing.

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Response to ManiacJoe (Reply #12)

Fri Feb 17, 2017, 01:39 PM

29. It seems that the discrimination part was left standing, according to a NYT article:

The federal appeals court found that one part of the law on patient discrimination was constitutional. That portion of the law stated that doctors could not deny service to patients who owned guns, a provision that was not at the heart of the lawsuit.

https://www.nytimes.com/2017/02/16/us/florida-doctors-discuss-guns-with-patients-court.html?_r=0

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Response to C Moon (Reply #7)

Thu Feb 16, 2017, 11:27 PM

13. No. They passed a law disallowing doctors from

talking to patients about the dangers of guns in the home. The court declared that law unconstitutional.

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Response to marybourg (Reply #13)

Fri Feb 17, 2017, 12:17 AM

17. Sorry. That's what I meant: it's nuts that this had to even be done.

Thx.

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Response to teach1st (Original post)

Thu Feb 16, 2017, 09:47 PM

8. Gunners will tell us how they'd switch doctors if one spoke to them about their gun habit.

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Response to teach1st (Original post)

Thu Feb 16, 2017, 10:14 PM

9. Heck, both my Doctor and his wife shoot HiPower with the same club I do.

In addition to Sporting Clays and 3Gun.

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Response to oneshooter (Reply #9)

Thu Feb 16, 2017, 10:22 PM

11. In what staTE?

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Response to mpcamb (Reply #11)

Thu Feb 16, 2017, 11:34 PM

15. Texas n/t

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Response to oneshooter (Reply #9)

Thu Feb 16, 2017, 11:29 PM

14. Then he would be the perfect doctor to talk

to parents of young children and teenagers about the dangers o having unsecured guns and ammo in the home.

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Response to teach1st (Original post)

Thu Feb 16, 2017, 10:20 PM

10. At which point a GOP doctor says: "When holding a gun, point it away from people"

"Except of course if they're black, in which case you want to start screaming 'oh please don't shoot!' as you shoot with unbridled gusto."

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Response to tenorly (Reply #10)

Thu Feb 16, 2017, 11:36 PM

16. I don't know what his politics are.

We do not discuss it.
Your post is insulting.

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Response to oneshooter (Reply #16)

Fri Feb 17, 2017, 12:39 AM

18. The post referred to GOP attitudes on the street - not the judge's.

His ruling was fair, necessary, and what's more, a clear shot across the bow against wannabe autocrats like Governor Lizard. Good for Judge Pryor.

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Response to tenorly (Reply #10)

Fri Feb 17, 2017, 01:27 AM

19. That's the pattern! "He threatened to take mah lahfe, and he reached for his waist."

Bless their little Christian, eternally golden hearts.

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Response to Judi Lynn (Reply #19)

Fri Feb 17, 2017, 01:50 AM

20. And the ALEC finks who wrote the Stand Your Ground laws knew that very thing would happen.

It's like these run-over-a-protester laws they're now pushing through GOP-controlled state legislatures: these laws weren't just written with loopholes meant to benefit bigots; these laws are the loopholes.

It really is a frightening time to be a person of color, and I really feel for them. It's never been easy; but I doubt very many people would have believed that in 2017 America, we'd be careening toward Apartheid South Africa conditions.

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Response to teach1st (Original post)

Fri Feb 17, 2017, 10:26 AM

23. Who the fuck cares?

 

I don't go to my doctor to discuss guns.

Or the weather.

Or cars.

Or what color he wants to paint his office.

I go to discuss my medical situation, what his diagnosis is, and what his treatment plans are.

If he wants to discuss guns, he can join the NRA and do so, but not on my dime.

There are some things that are not the business of doctors...no matter how high the pedestal that some place them on.

I don't see how any of that is a First Amendment issue. I'm not the government, so the only way I can curtail anything he does or says to me is to walk out the door and find another doctor.

Everyone has that right...and the First Amendment has no bearing on it. He can pontificate on his gun views all day long, just not on my time. Pretty damned simple, if you ask me.

He has no right to burn my paying time on inconsequential bullshit, nor do I have the right to do the same to him.

Sometimes it just comes down to a professional relationship.

I don't give a rat's ass about the "A" my mechanic's child got in Finger Painting...I just want my car fixed.

If he wants social interaction, he can pursue it away from any job that I'm paying for.

Got nothing to do with right or left, liberal or conservative.

Why the hell does everything have to be political?

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Response to A Round Tuit (Reply #23)

Fri Feb 17, 2017, 11:09 AM

24. Gun ownership is a medical risk

Having guns in a household makes risk of injury or death from a gunshot much higher, especially if there are other conditions like depression, violent behavior, or other mental illnesses present.

From a health care perspective, it's not really any different from living in the presence of carcinogens, or having high cholesterol. You're increasing your risk, and most doctors feel it's their job to make sure you are fully aware of all risks.

If you had high cholesterol along with a high BMI, would you consider it inappropriate for your doctor to ask about your diet and exercise habits?

Would you be surprised if a doctor said he'd no longer see you if you refused to even have your cholesterol checked?

Many people have never even thought to look at gun ownership from the perspective of health risk. But it's something everyone really should be aware of.

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Response to A Round Tuit (Reply #23)

Fri Feb 17, 2017, 11:17 AM

25. ...and by the way........

........just like the smoker who shops doctors until he finds one that won't keep hassling him to quit, if there's anything you don't like about your doctor's feedback, you can try another.

It shouldn't be illegal for doctors to talk about known statistical medical risks.

Talking about health risks of gun ownership isn't political. The attempt to criminalize it is what makes it political.

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Response to teach1st (Original post)

Fri Feb 17, 2017, 01:29 PM

27. This inane law was a classic example of a slippery slope fallacy

and exhibits the ignorance of the law common to most on the right.

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Response to teach1st (Original post)

Fri Feb 17, 2017, 01:38 PM

28. You're damned skippy!

I'll talk to my patients about whatever the fuck I want, if I think it will adversely affect their health.

As the first-responder said: "FUCK YOU, NRA!" _|_

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