Doctors, Patients, Guns and the Public's Health: Wollschlaeger II

JURIST - Academic Commentary, Sept. 28, 2015

Posted: 29 Sep 2015

See all articles by James G. Hodge

James G. Hodge

Arizona State University (ASU) - Sandra Day O'Connor College of Law

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

Suggested Citation

Hodge, James G., Doctors, Patients, Guns and the Public's Health: Wollschlaeger II (September 28, 2015). JURIST - Academic Commentary, Sept. 28, 2015, Available at SSRN: https://ssrn.com/abstract=2666651

James G. Hodge (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Sandra Day O'Connor College of Law
111 E. Taylor Street, MC 9520
Phoenix, AZ 85004-4467
United States
480-727-8576 (Phone)

HOME PAGE: http://https://law.asu.edu/degree-programs/public-health-law-policy

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