Explore The NRA Universe Of Websites

Take Two Losses and Call Me in the Morning: Florida Court Again Sides With Patient Privacy, Hands Nosy Doctors Second Defeat

Friday, July 31, 2015

Take Two Losses and Call Me in the Morning: Florida Court Again Sides With Patient Privacy, Hands Nosy Doctors Second Defeat

Anti-gun doctors may need to get their own blood pressure checked after the U.S. Court of Appeals for the Eleventh Circuit again upheld Florida’s Firearm Owners’ Privacy Act

As we reported last summer, the law was passed after an escalating series of events in which patients were harassed or denied access to services because they refused to be interrogated by their doctors about their ownership of firearms.  A group of Florida doctors committed to the idea of haranguing patients for exercising their Second Amendment rights sued, claiming a First Amendment right to grill patients about firearm ownership, even where it isn’t relevant to the patient’s care.

Unsurprisingly, the appellate court upheld the law last July, stating: “The essence of the Act is simple: medical practitioners should not record information or inquire about patients’ firearm-ownership status when doing so is not necessary to providing the patient with good medical care.” Far from a ban on doctors’ expressing their views about firearms or other public policy or medical issues, the court held, the Act merely “protects a patient’s ability to receive effective medical treatment without compromising the patient’s privacy with regard to matters unrelated to healthcare.” 

It’s no secret that the medical establishment has long been hostile toward the private ownership of firearms. No less a doctor than President Obama’s pick for U.S. Surgeon General has engaged in anti-gun activism.  Even WebMD.com, a common online source for medical information, counsels parents to “to avoid keeping guns and firearms in the home,” and only provides recommendations for “secure” storage when purging the home of firearms altogether “is not possible.” This history, as well as outright discrimination against patients who refused to discuss their gun ownership, formed the backdrop for Florida’s law.

It’s also no surprise that the plaintiffs and other gun control advocates were not happy with the loss the Eleventh Circuit handed to them back in 2014. “Censorship in Your Doctor’s Office,” huffed the New York Times. A Florida physician’s group called the decision “egregious” and “dangerous” and claimed it would silence “life-saving conversations.” 

In any case, the panel of judges that issued the original opinion decided on their own initiative to revisit their original analysis. The results of that reconsideration were issued on Tuesday, in a revised 77-page opinion. Spoiler alert: the doctors still lose and patient privacy still wins.

Whereas the original opinion characterized the regulated behavior more as conduct – i.e., medical practice – rather than pure speech, the revised opinion delves more deeply into the First Amendment claims raised by the plaintiffs. Finding that inquiries into gun ownership, entries about gun ownership in medical records, and even verbal “harassment” of gun owners are all forms of “speech” protected by the First Amendment, the court then considers the seriousness of the regulatory intrusion and level of scrutiny to be applied to it. 

The court observes, “All regulations of speech are not created equal in the eyes of the First Amendment.” Here, the court characterizes the regulated expression as “professional speech.” It then finds the government has a freer hand to regulate in this context because of “the authority—duty, even—of States to regulate the practice of professions to ‘shield the public against the untrustworthy, the incompetent, or the irresponsible.’” In this case, “The State made the commonsense determination that inquiry about firearm ownership, a topic which many of its citizens find highly private, falls outside the bounds of good medical care to the extent the physician knows such inquiry to be entirely irrelevant to the medical care or safety of a patient or any person.” The court therefore determines that “intermediate scrutiny” is the proper standard for evaluating the law.

The court identifies the state’s interests in enacting the law as “protecting the public by regulating the medical profession so as to safeguard patient privacy,” which it finds “substantial” enough to satisfy intermediate scrutiny. It then goes on to find that the law’s requirements have a “direct and material” relationship to alleviating those harms. Citing the legislative record of complaints against physicians, and the limited nature of the restrictions imposed by the law, the court determines “’simple common sense’ furnishes ample support for the legislature’s decision.” “The State need not point to peer-reviewed studies or conduct extensive surveys,” the opinion states, “to establish that proscribing highly intrusive speech that physicians themselves do not believe to be relevant or necessary directly advances the State’s interest in protecting its citizens from harmful or ineffective professional practices and safeguarding their privacy.”

We certainly agree, and we credit the Court for its thorough, well-reasoned opinion. Whether it’s the final word in the case, however, remains to be seen. One of the three judges hearing the case filed a lengthy dissent, echoing the familiar refrain that doctors’  must be free to address the “public health problem” posed by firearms according to their own beliefs. The plaintiffs still have the options of petitioning the full roster of Eleventh Circuit judges to hear the case en banc or to appeal directly to the Supreme Court. 

TRENDING NOW
More Proof That Being a “Celebrity” Does Not Make You Smart

News  

Thursday, December 6, 2018

More Proof That Being a “Celebrity” Does Not Make You Smart

In a November 30 tweet, Tom Arnold, famous for being married to Roseanne Barr and making a few really bad movies, has proven that he knows nothing about guns, gun owners or firearm misuse.

Washington: Anti-Gun Group Announces 2019 Agenda

Friday, December 7, 2018

Washington: Anti-Gun Group Announces 2019 Agenda

On December 5th, the Alliance for Gun Responsibility, a group backed by out-of-state elites, announced it will pursue its most extreme anti-gun legislative agenda to date during the upcoming 2019 Washington Legislative Session.

Guns and Taxes

News  

Thursday, December 6, 2018

Guns and Taxes

David Hogg wants a federal tax on firearms and ammunition. He has repeatedly broached the idea, including multiple times on Twitter, and only sometimes suggests a use for the tax revenue. Hogg’s tweets on a ...

Checks and Balances? Massachusetts Executive Branch Flouts Court Orders on Firearms Licenses

News  

Thursday, December 6, 2018

Checks and Balances? Massachusetts Executive Branch Flouts Court Orders on Firearms Licenses

The U.S.’s republican form of governance is predicated on co-equal branches of government that check and balance each other in order to preserve individual liberty. The system does not work when one branch simply ignores ...

Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

News  

Friday, September 7, 2018

Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

Levi Strauss & Co. established its brand in the mid-19th century by selling durable clothing to working-class Americans. As Levi’s signature jeans gained popularity amongst a wider set in the middle of the last century, ...

Surprise: Study Finds No Rise in Violent Crime Attributable to Adopting Right-to-Carry Laws

News  

Thursday, December 6, 2018

Surprise: Study Finds No Rise in Violent Crime Attributable to Adopting Right-to-Carry Laws

As we’ve noted recently, much research purporting to demonstrate connections between access to guns or right-to-carry laws and increases in crime is seriously flawed.  Often it's an attempt to curtail or eliminate Americans’ rights under the Second ...

Warning to New Mexico Gun Owners: Expect Unprecedented Attacks On Your Second Amendment Rights During The 2019 Legislative Session

Wednesday, December 5, 2018

Warning to New Mexico Gun Owners: Expect Unprecedented Attacks On Your Second Amendment Rights During The 2019 Legislative Session

While the New Mexico Legislature will not convene for its 60-day Regular Session until January 15, lawmakers can start prefiling bills on December 17. 

Engineering Professor Shares Thoughts on Constitutional Law, Calls for Handgun Ban

News  

Friday, November 30, 2018

Engineering Professor Shares Thoughts on Constitutional Law, Calls for Handgun Ban

In a recent piece for the Bangor Daily News ironically titled, “Why banning handguns makes sense,” Associate University of Maine Electrical Engineering Professor George Elliott struggled to argue why the tools of self-defense have no ...

House Democrats Outline Gun Control Agenda for 116th Congress

News  

Friday, November 16, 2018

House Democrats Outline Gun Control Agenda for 116th Congress

With anti-gun Democrats back in control of the House of Representatives come January, now is the time to prepare for a new onslaught on the Second Amendment. Emboldened by the mere thought of controlling the ...

Anti-Gun Researchers Undermine the Anti-Gun Narrative

News  

Friday, November 30, 2018

Anti-Gun Researchers Undermine the Anti-Gun Narrative

We have good news from a joint effort between the Violence Prevention Research Program at the UC Davis School of Medicine and the Center for Gun Policy and Research at the Johns Hopkins University.  

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.