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Judge blocks Fla. law restricting doctor gun talk
CBC News ^ | September 14, 2011 | staff reporter

Posted on 09/15/2011 10:06:16 AM PDT by Daffynition

(AP) MIAMI — A federal judge on Wednesday blocked enforcement of a first-in-the-nation law that restricted what Florida physicians can say about guns to their patients, ruling the law violates the U.S. Constitution's free speech guarantees and does not trample gun rights.

U.S. District Judge Marcia Cooke said it was important to emphasize "the free flow of truthful, non-misleading information within the doctor-patient relationship."

"This case concerns one of our Constitution's most precious rights — the freedom of speech," Cooke said. "A practitioner who counsels a patient on firearm safety, even when entirely irrelevant to medical care or safety, does not affect or interfere with the patient's right to continue to own, possess or use firearms."

(Excerpt) Read more at cbsnews.com ...


TOPICS: Constitution/Conservatism; Government; US: Florida
KEYWORDS: banglist; doctors; guns; healthcare; obamacare
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No one has challenged this [June2nd] law yet?
1 posted on 09/15/2011 10:06:21 AM PDT by Daffynition
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To: Daffynition
http://judgepedia.org/index.php/Marcia_Cooke

Bush's fault. Really.

2 posted on 09/15/2011 10:09:49 AM PDT by NativeNewYorker (Freepin' Jew Boy)
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To: Daffynition
This case concerns one of our Constitution's most precious rights — the freedom of speech

only in the minds of liberals are some of our constitutional rights more precious than others.

3 posted on 09/15/2011 10:11:25 AM PDT by RC one (Voting isn't a simple act of civic duty anymore, it's a complex act of civil war.)
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To: Daffynition

I had an initial consult with a new GP, and one of the first questions they asked was about guns. I told them that I would not answer any questions concerning my 2A rights. They sent me a letter a week later stating that they are not interested in my business at their practice.

No loss there. My current GP is an avid hunter and has 2 boar heads and a nice 8-pt buck hanging in his office.


4 posted on 09/15/2011 10:11:33 AM PDT by rarestia (It's time to water the Tree of Liberty.)
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To: Daffynition

People need to remember that whatever you say in the doctors office can be written down and placed in your file. Thereby establishing a record of you gun ownership. I have talked to my doctor about things and I have told him not to write it down. If he gives me advice he said he has to write it down so I couldn’t come back and sue him. If we went back to loser pays, this wouldn’t happen.


5 posted on 09/15/2011 10:12:41 AM PDT by RC2
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To: Daffynition
No one has challenged this [June2nd] law yet?

But physicians' groups representing some 11,000 doctors and the Brady Center to Prevent Gun Violence sued.

The AMA has been anti-gun perhaps they were a party to this suit.

6 posted on 09/15/2011 10:13:03 AM PDT by TYVets (Pure-Gas.org ..... ethanol free gasoline by state and city)
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To: rarestia

I’d file a complaint against them with the state medical board, just for fun.

They are denying you medical care.


7 posted on 09/15/2011 10:15:46 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: rarestia

i hate talking to my doctor about guns... he always has some nice new one to tell me about that i can’t afford.


8 posted on 09/15/2011 10:16:17 AM PDT by absolootezer0 (2x divorced tattooed pierced harley hatin meghan mccain luvin' REAL beer drinkin' smoker ..what?)
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To: rarestia

I want your Doctor.


9 posted on 09/15/2011 10:16:44 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: Daffynition

This is NOT something to get mad about.

Just because you recognize gun rights does not mean a doctor does not have the right to discuss guns with you. I don’t think a doctor should be shut up about his or the medical profession’s opinion on having guns. They also tell us it’s bad to smoke and be fat, which kind of irks me, but they should have the right to say it.


10 posted on 09/15/2011 10:20:00 AM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Technological progress cannot be legislated.)
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To: rarestia

I wonder if there is some way to sue them for fun and pleasure to make them pay a cost for their anti 2A stance or sic some conservative legal organization on them?


11 posted on 09/15/2011 10:21:14 AM PDT by Truth29
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To: absolootezer0

My dentist had a gun shop in his back room (Oklahoma). Sadly, he retired.


12 posted on 09/15/2011 10:21:14 AM PDT by Montanabound
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To: rarestia
"They sent me a letter a week later stating that they are not interested in my business at their practice"

Is that how they stated it?

geez... we should boycott libtards too. And we have actual money

13 posted on 09/15/2011 10:21:34 AM PDT by Mr. K (Palin/Bachman 2012- unbeatable ticket~!!!)
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To: Daffynition
Let me get this straight. Liberal courts judge it is OK for a Dr to ask a patient about the unrelated issue of gun ownership (and I suppose council them on the evils of owning a gun), but a Dr. can not show a sonogram to a woman seeking an abortion?

Upside down world, this is.

14 posted on 09/15/2011 10:22:11 AM PDT by KittenClaws (A closed mouth gathers no foot.)
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To: KittenClaws

Can soneone explain to me exactly what this has to do with healthcare.

Also, what law or regulation does this fall under and when was it implemented?


15 posted on 09/15/2011 10:25:44 AM PDT by neverbluffer
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To: Daffynition

If anyone asks me if I own a gun (I don’t), I’ll just ask him how long his pecker is.


16 posted on 09/15/2011 10:27:32 AM PDT by NativeNewYorker (Freepin' Jew Boy)
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To: neverbluffer

I had a discussion with my doc when he asked.
He said he was being legally “compelled” to ask based on the “mental health” of the patient. If he was to determine I was at risk, then the ownership of guns was to be “reported to the authorities”...

thankfully my doc believed it was all a subversive government ploy. I didn’t answer and he didn’t mind.


17 posted on 09/15/2011 10:28:35 AM PDT by SparkyBass
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To: the OlLine Rebel

The doctor may have the right to discuss guns with you, but if he starts to ask questions, you also have the right to ignore his questions.

The number and type of guns I “may” own is none of his business. If I say I don’t own a gun, he “may” relay that information, along with my address, to certain friends of his that want to do harm to me or my family. A doctor is no more trustworthy than anyone else.


18 posted on 09/15/2011 10:30:48 AM PDT by Crazy ole coot (Freedom is NOT free. Thank our military for your freedoms!)
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To: driftdiver

—I’d file a complaint against them with the state medical board, just for fun.

They are denying you medical care.—

I was thinking the same thing. I’m all for preserving their right to ask, but we should also have a right to refuse to answer.


19 posted on 09/15/2011 10:31:50 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: Daffynition; All

Simple solution when asked about firearms ownership,ask the doctor exactly what their technical training in the safe use of firearms is ,were its from Gunsite ,Blackwater some other training school ? If no such credentials ask the doctor if his malpractice insurance carrier knows what he is doing ?


20 posted on 09/15/2011 10:32:44 AM PDT by Nebr FAL owner (.308 reach out & thump someone .50 cal.Browning Machine gun reach out & crush someone)
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