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ARTICLE · 11 JULY 2012

Federal Judge Permanently Blocks State Law Barring Doctors From Asking About Guns

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The court found that the law curtailed the First Amendment rights of physicians across the state to speak with their patients about gun safety.

United StatesLitigation, Mediation & Arbitration

On July 2 a federal district court entered a final judgment permanently blocking enforcement of Florida's law barring health care professionals from asking patients if they own guns and have them stored properly. These questions are a key element in the practice of preventive medicine. The court found that the law curtailed the First Amendment rights of physicians across the state to speak with their patients about gun safety.

The state chapters of the American Academy of Pediatrics, American Academy of Family Physicians, and American College of Physicians collectively represent more than 11,000 health care professionals in Florida. On June 24, 2011, these organizations, along with six individual physicians, filed papers asking the court to enjoin the law because it substantially curtailed their First Amendment rights to exchange information with patients about gun safety.

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