11th Circ. Strikes Down Fla. 'Gun Gag' Law

Law360, Miami (February 16, 2017, 4:55 PM EST) -- The Eleventh Circuit on Thursday struck down much of a Florida law curbing doctors from asking patients about firearm ownership, ruling that the “gun gag” law violates the First Amendment by impermissibly restricting physician speech.

The court, sitting en banc, ruled the Firearm Owners Privacy Act's anti-harassment provision, which bars physicians from asking patients about personal gun ownership, does not pass constitutional muster.

The judges allowed the state to hang on to FOPA's anti-discrimination provision, which bars doctors from discriminating against or dropping patients because they...
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