Drudge Retort: The Other Side of the News
Saturday, July 26, 2014

A federal appeals court on Friday upheld a Florida law that seeks to bar doctors from discussing firearms safety with their patients -- including inquiring whether they keep any guns at home. The decision reversed a 2012 injunction issued by a federal judge in Miami who ruled that the law violated the free-speech rights of physicians to counsel their patients about health-related matters.

Advertisement

Liberal Blog Advertising Network

Menu

Advertisement

Subscriptions

Author Info

rcade

 

Advertisement

MORE STORIES

 

Advertisement

More

In a dissent, Judge Charles Wilson said he would find the Florida law unconstitutional as a legislative act that seeks to silence doctors' "disfavored message about firearm safety."

"This law is ... designed to stop a perceived political agenda, and it is difficult to conceive of any law designed for that purpose that could withstand First Amendment scrutiny," he said.

"Simply put, the Act is a gag order that prevents doctors from even asking the first question in a conversation about firearms," Judge Wilson said.

Comments

Admin's note: Participants in this discussion must follow the site's moderation policy. Profanity will be filtered. Abusive conduct is not allowed.

I hope every doctor in Florida have the guts to purposely violate this affront to first amendment rights.

#1 | Posted by danni at 2014-07-26 01:22 PM | Reply | Flag:

The Florida legislature has strange priorities. Doctors were asking the question to promote gun safety awareness. Now even if a doctor has a good reason to ask about it, the doctor can't ask without risking his or her license to practice.

If somebody didn't like being asked the question, they could switch to another doctor. They didn't need to have their delicate sensibilities encoded into the law.

#2 | Posted by rcade at 2014-07-26 01:30 PM | Reply | Flag:

While I see the reasoning behind this ruling via the examples in the story of patients being discriminated against, I think the First Amendment Rights of the doctors overrides this so long as the doctors do NOT discriminate against gun owners.

#3 | Posted by kanrei at 2014-07-26 01:35 PM | Reply | Flag:

issue is these questions were being used to discriminate against people and to use it as excuse to get cps involved and have people's kids removed just because they own firearms. which violates their rights constitutional and parental. Drs are not gun experts and not in a position to really offer gun safety advise. when it is directly related to customer safety in case of suicidal tendencies and thoughts then they are not barred from discussing it. but when you are having a general meeting with doctor there is no need on their part for that information unless they are trying to push their anti-gun or pro gun agenda.

#4 | Posted by ntranzed at 2014-07-26 02:39 PM | Reply | Flag:

My doctor and I disguss guns all the time. He has one heck of a collection.

#5 | Posted by Daniel at 2014-07-26 03:20 PM | Reply | Flag:

And Texas breathes a sigh of relief, knowing that Florida retains the prize for "Most Retarded State in the Union."

#6 | Posted by censored at 2014-07-26 04:11 PM | Reply | Flag:

Small government conservatives...

#7 | Posted by snoofy at 2014-07-26 04:15 PM | Reply | Flag:

Everyone knows it's your Doctor's job to monitor your guns, knives, scissors and ballbats! If you like your Doctor, you can keep your Doctor.

-Barry S.

#8 | Posted by Greatamerican at 2014-07-26 04:41 PM | Reply | Flag:

If you favor forbidding doctors from discussing anything with their patients, you are clueless psychopath.

#9 | Posted by snoofy at 2014-07-26 04:43 PM | Reply | Flag: | Newsworthy 1

Funny how the same gunnuts who oppose the asking of these questions are the same ones who whine about the lack of available mental health treatment every time some Second Amendment Hero wipes out a kindergarten class.

#10 | Posted by northguy3 at 2014-07-26 05:32 PM | Reply | Flag: | Newsworthy 1

Doctors are discouraged from telling people they are fat because they are offended by it.

Moi! How dare you, I'm pleasantly plump.

Or they have a carnival mirror.

On topic. It's none of the doctors business if a patient has a gun at home.

They are there to treat gunshot wounds not counsel someone about their guns. Besides, that little check mark in his computer is not only for his eyes only.

rwd

#11 | Posted by rightwingdon at 2014-07-26 05:47 PM | Reply | Flag:

It's none of the doctors business if a patient has a gun at home.
#11 | Posted by rightwingdon at 2014-07-26 05:47 PM |

Or whether he smokes or insists on riding around on a motorcycle without a helmet. Space Jeebus forbid if someone show up at the emergency room, having shot himself and his loved ones for the fourth time, that the doctor gently suggest that gun ownership might not be the best health decision for that particular individual.

Constitutional rights means that no one can ever question whether a particular decision is a good idea for someone.*

*Unless, of course, that decision involves abortion. In that case, please make the woman travel 500 miles from her home, submit to a 2 week waiting period, subject her to a transvaginal ultrasound (rape) and show her home-movies of her fetus and make her draw pictures in crayon of it riding around on a pony.

#12 | Posted by censored at 2014-07-26 06:21 PM | Reply | Flag:

On topic. It's none of the doctors business if a patient has a gun at home.

Signed,
Adam Lanza's mom.

#13 | Posted by snoofy at 2014-07-26 06:28 PM | Reply | Flag: | Newsworthy 1

No one has to answer an intrusive question like this. We see these kind of questions and similar ones from our insurer. I just don't answer them and when asked will tell them it's none of their business.

#14 | Posted by matsop at 2014-07-26 06:52 PM | Reply | Flag:

On topic. It's none of the doctors business if a patient has a gun at home.

Signed,
Adam Lanza's mom.

On topic. It's none of the grocer's, lawyer's, barber's, dentist's, pharmacist's business if a patient has a gun at home.

Next?

#15 | Posted by Greatamerican at 2014-07-26 06:54 PM | Reply | Flag:

#14 what you don't seem to realize is that gun owners have amazingly frail egos. That's why they need a law shielding them from the indignity of being asked if they have guns.

A doctor asking a gun owner if they have a gun at home is like forcing a Muslim to draw a picture of Muhammad and hang it over their bed. It rattles them to their very core.

Thank goodness the Florida legislature is there to shield gun owners from such terrifying and shocking questions.

#16 | Posted by snoofy at 2014-07-26 06:58 PM | Reply | Flag: | Funny: 1 | Newsworthy 1

"Doctors are discouraged from telling people they are fat because they are offended by it."

That's simply not true.

#17 | Posted by danni at 2014-07-26 07:42 PM | Reply | Flag:

If there ever was a problem that the "free market" can fix, this is the one. Don't like your doctor exercising his 1st amendment rights, just find another doctor.

#18 | Posted by SammyAZ_RI at 2014-07-26 09:25 PM | Reply | Flag:

What if someone has a sickness where dementia is one of the symptoms? What if the doctor is prescribing a drug where one of the rare negative side affects is drastic mood swings? What if the doctor just told a patient that he has a serious condition and the patient responds with a comment like "I mind as well just end it"?

There are situations where a doctor would be in a unique position to know that a patient shouldn't be handling a gun. And the doctor is not allowed to discuss the condition with anyone else.

How stupid would you have to be to forbid doctors from trying to save lives?

"A federal appeals court on Friday upheld a Florida law"

Oh.

#19 | Posted by Sully at 2014-07-27 11:14 AM | Reply | Flag:

There was once implied and legal doctor-patient confidentiality and records were kept on paper in-house.

Now the "doctor side" of electronic record confidentiality automatically includes every medical affiliated corporation, government agency, health insurance, and business affiliated partners of physicians staff. Most of the world now has access to your electronic health records, just like your credit cards.

#20 | Posted by Robson at 2014-07-27 01:32 PM | Reply | Flag:

If I want the doctor to know I own firearns then I will. Just like any other personal business I don't want to share. I will choose whom I think has a right to know. Its bad enough privacy is nearly non existent thanks to stupid voters who put Bush and Obama in power, my reply would be ask the NSA.

#21 | Posted by zack991 at 2014-07-28 03:53 AM | Reply | Flag:

It's amazing how conservatives want to get between patients and their doctors.

#22 | Posted by FedUpWithPols at 2014-07-28 07:27 AM | Reply | Flag:

Conservative want a government so small it can fit in every woman's ------.

#23 | Posted by snoofy at 2014-07-28 07:54 AM | Reply | Flag:

What if someone has a sickness where dementia is one of the symptoms? What if the doctor is prescribing a drug where one of the rare negative side affects is drastic mood swings? What if the doctor just told a patient that he has a serious condition and the patient responds with a comment like "I mind as well just end it"?

Floriduh knows better than your doctor.

Floriduh knows that if you develop a psychological disorder where you are prone to hurting others and yourself, you are just going to self regulate yourself and turn your weapons in on your own.

#24 | Posted by 726 at 2014-07-28 07:59 AM | Reply | Flag:

"If I want the doctor to know I own firearns then I will."

Then if a doctor asks you, pretend you're an adult and tell him that you don't want to answer.

Why should other people who want to hear everything their doctor has to say be denied because certain ninnies get their panties in a bunch over being asked a question?

#26 | Posted by Sully at 2014-07-28 09:39 AM | Reply | Flag:

Advertisement

Post a comment

Comments are closed for this entry.

Home | Breaking News | Comments | User Blogs | Stats | Back Page | RSS Feed | RSS Spec | DMCA Compliance | Privacy | Copyright 2014 World Readable

 

Advertisement

Drudge Retort