Doctors, Patients, Guns and the Public's Health: Wollschlaeger II
JURIST - Academic Commentary, Sept. 28, 2015
Posted: 29 Sep 2015
Date Written: September 28, 2015
Abstract
For years, the American Medical Association and other medical and public health associations have strongly counseled doctors and other health care workers (HCWs) to engage patients about the risk of gun-related injuries and safety measures. However, in Wollschlaeger v. Governor of Florida [PDF] (Wollschlaeger II), decided on July 28, 2015, the US Court of Appeals for the Eleventh Circuit upheld (for the second time) a Florida law that restricts HCWs in their ability to talk to their patients truthfully about how to reduce gun-related risks of death and injury. In doing so, the court rejects doctors' First Amendment rights to speak to patients about firearms in favor of the need to protect patients' privacy rights. Absent further appeal, Wollschlaeger II estops Florida HCWs from dispensing meaningful information on gun safety to many patients.
Keywords: Wollschlaeger, First Amendment, Second Amendment, Florida, public health, guns
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