Colorado Shootings Put Docs vs. Glocks Law in Spotlight
Woolschlaeger and other physicians disagreed, saying they were only doing their jobs to enhance patient care. The Florida chapters of the American Academy of Pediatric Physicians, the American Academy of Family Physicians, and the American College of Physicians joined Wollschlaegger and other physicians in the lawsuit.
Their collective contention was that the Florida law significantly curtailed their First Amendment rights to exchange information with patients about gun safety. The Brady Center to Prevent Gun Violence filed the suit, saying it represented 11,000 physicians in Florida.
The physicians first won a temporary restraining order, then a permanent injunction on June 29 after a judged ruled that Florida law violates the First Amendment about "truthful speech" concerning the dangers of easy access to guns.
U.S. District Court Judge Marcia Cooke found that the Florida legislature relied not on facts, but on anecdotal information about physicians asking patients about firearm ownership. That information included allegations that physicians misrepresented themselves by saying Medicaid would not pay claims if patients did not answer questions about firearms, or that doctors were refusing to examine patients who refused to answer questions about firearms ownership. Cooke also found that the law illegally "impairs the provision of medical care and may ultimately harm the patient."
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