Abstract

Physicians increasingly have recognized the importance of asking patients whether they own firearms and suggesting safe means of storage. Florida's legislature perceived these questions as threats to patients' rights to keep guns and passed a law restricting physicians from making such inquiries. When a number of physicians and their organizations challenged the law in 2011, a six-year odyssey through the courts ensued. In the end, the U.S. 11th Circuit Court of Appeals struck down the statute, recognizing that physicians' free speech rights extend to communications with patients, a decision that may influence other attempts to restrict clinicians' speech.

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