CEO DATELINE - American Bar Association seeking to overturn Florida gun law
CEO DATELINE - American Bar Association seeking to overturn Florida gun law
- September 2, 2015 |
- Walt Williams
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The American Bar Association is petitioning a federal appeals court to take up a case challenging a Florida law that prohibits doctors from asking patients if they have guns in their homes.
The Florida law—dubbed the "Firearm Owners' Privacy Act"—has been criticized by medical groups as both a violation of doctors' free speech rights and an intrusion into their interactions with patients. However, the 11th Circuit U.S. Court of Appeals upheld the law in a 2-1 ruling last year, finding the state has the power to ban such discussions under its authority to regulate professional conduct.
ABA disagrees with the decision. It filed an amicus brief last week asking the U.S. 11th Circuit Court of Appeals to review the lower court's ruling—the second time it has done so.
"The ABA's brief notes that preventive health care is a pillar of modern medicine, and legislation limiting the right of health care professionals to counsel their patients interferes with preventive care duties and violates the First Amendment rights of both health care practitioners and their patients," the association said.
The brief was filed in support of a group of doctors and Florida chapters of medical associations that challenged the Florida law. http://bit.ly/1NY5m8q
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