FREE SPEECH
Judge blocks Fla. law restricting doctor gun talk
Marc Caputo mcaputo@MiamiHerald.com
A federal judge in Miami has blocked enforcement of a first-in-the-nation Florida law restricting what physicians can say about guns to their patients.
(Enviado pelo AMICOR Jorge Ossanai)
By Marc Caputo
mcaputo@MiamiHerald.com
A federal judge Wednesday blocked a Florida gun law that restricted doctors from asking patients about firearms.
Judge Marcia G. Cooke said doctors had a First Amendment right to ask about firearms, and she rapped the state’s lawyers for failing to provide more than anecdotal evidence to show the law was needed.
“The State has attempted to inveigle this Court to cast this matter as a Second Amendment case,” Cooke wrote. “Despite the State’s insistence that the right to “keep arms” is the primary constitutional right at issue in this litigation, a plain reading of the statute reveals that this law in no way affects such rights.”/.../
Judge Marcia G. Cooke said doctors had a First Amendment right to ask about firearms, and she rapped the state’s lawyers for failing to provide more than anecdotal evidence to show the law was needed.
“The State has attempted to inveigle this Court to cast this matter as a Second Amendment case,” Cooke wrote. “Despite the State’s insistence that the right to “keep arms” is the primary constitutional right at issue in this litigation, a plain reading of the statute reveals that this law in no way affects such rights.”/.../
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