Historically, as part of their medical practices, some doctors routinely asked patients about various potential health and safety risks, including household chemicals, drugs, alcohol, tobacco, swimming pools and firearms.
In 2011, the Florida Legislature enacted the Florida’s Firearm Owners’ Privacy Act. The Act included a provision that prohibited doctors from asking patients about firearms.
A Florida doctor filed a lawsuit claiming that the Act violated his 1st Amendment rights of Free Speech by prohibiting him from asking patients about firearms and gun safety.
On February 16, 2107, the United States Court of Appeals for the 11th Circuit agreed with the doctors and ruled that doctors have a 1st Amendment right to discuss gun safety with patients. I am sure this case will be appealed to the United States Supreme Court. Stay tuned.
In the case of Wollschlaeger v. Governor, State of Florida, Case: 12-14009

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