No Conservatives, Government Cannot Proscribe Speech – We Thought
You Knew That
The ‘small government, pro Constitution” conservatives in Florida wanted the state
to keep doctors from asking about guns in a house. The doctors wanted to make sure children were
safe from firearms that were left around the house, because, well, because a
lot of children are killed each year.
But conservatives felt government should control speech. In court, they lost.
Lawmakers pursued the legislation
after hearing from some patients who complained that their doctors had asked
unwelcome questions about guns. The National Rifle Association, which supported
the law, said pediatricians were interrogating parents about firearms to try to ban guns.
Under the law, doctors could lose their licenses and face fines
up to $10,000 per offense if they inquired about gun ownership and firearm
habits. A group of doctors sued the state in 2011, saying that medical
providers must be allowed to discuss guns with patients in the same way they
discuss other safety risks and dangers, particularly for children.
In February, a full panel
of the United States Circuit Court of Appeals for the 11th Circuit decided in a
10-to-1 ruling that the state could not punish doctors for discussing gun
safety with patients.
And now to place the cherry on top of the sundae, Florida will have to pay
big bucks to the lawyers who won the case.
The organization, the Brady
Center to Prevent Gun Violence, said Gov. Rick Scott of Florida had approved the
reimbursement to lawyers who represented doctors and medical organizations in
the case, which came to be known as “Docs v. Glocks.”
One reason this is so great is that the Brady Center
now has big bucks to go after other laws which try to prevent gun safety. They will save many lives.
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