Judge reinstates doctor gun speech

MIAMI – A federal judge on Wednesday blocked enforcement of a first-in-the-nation law that restricted what Florida physicians can say about guns to their patients, ruling the law violates the U.S. Constitution’s free speech guarantees and does not trample gun rights.

U.S. District Judge Marcia Cooke said it was important to emphasize “the free flow of truthful, non-misleading information within the doctor-patient relationship.”

“This case concerns one of our Constitution’s most precious rights – the freedom of speech,” said Cooke, appointed to the bench by Republican President George W. Bush. “A practitioner who counsels a patient on firearm safety, even when entirely irrelevant to medical care or safety, does not affect or interfere with the patient’s right to continue to own, possess or use firearms.”

The law was passed earlier this year by the Republican-controlled Legislature and signed into law June 2 by GOP Gov. Rick Scott. The governor, the National Rifle Association and other supporters contended it was a violation of privacy and possibly the Second Amendment for doctors to question patients about guns at home.

But physicians’ groups representing some 11,000 doctors and the Brady Center to Prevent Gun Violence sued. They said the law halted meaningful discussions between doctors and patients about keeping the weapons out of the hands of children.

Attorney General Pam Bondi did not immediately say whether there would be an appeal.