PogoWasRight.org

Menu
  • About
  • Privacy
Menu

Doctors’ Right to Try to Convert Gun Owners, But Not Gays

Posted on December 19, 2015June 26, 2025 by Dissent

Noah Feldman writes:

Should the First Amendment protect what doctors can say to their patients in the privacy of the examining room? Weighing state prohibitions on gay conversion therapy, liberals have tended to think the state should be able to regulate medical treatment without worrying about free speech.

Now the shoe’s on the other foot: Florida’s ban on physicians asking patients about gun ownership puts liberals in the position of wanting to protect the doctor-patient relationship. The U.S. Court of Appeals for the 11th Circuit upheld the Florida “docs vs. Glocks” law this week on the ground that the state’s interest in protecting gun ownership outweighs physicians’ free-speech interests — a result sure to trouble liberals.

This decision is problematic in its application of free-speech law, as First Amendment scholar Eugene Volokh points out. But what’s really wrong is our whole framework in using free speech to analyze communication between a medical professional and a patient.

Read more on Bloomberg. Reading the court decisions from Florida, it seems pretty apparent that the jurists are twisting themselves into pretzels to justify trying to find the law constitutional. It’s a bad law, it should be overturned, and the govt. should stay the hell out of doctor-patient conversations and treatment unless there’s a clear threat to patient health or safety.

Related posts:

  • Without Knowledge or Consent
  • Dementia And Guns: When Should Doctors Broach The Topic?
  • California fines hospitals for breaches of medical privacy
Category: CourtHealthcare

Post navigation

← Jewel v. NSA: Too Early to Revive U.S. Surveillance Claim – Court
Jailhouse snitch’s “right to privacy” beats First Amendment →

2 thoughts on “Doctors’ Right to Try to Convert Gun Owners, But Not Gays”

  1. Jim says:
    December 19, 2015 at 8:46 pm

    “It’s a bad law, it should be overturned, and the govt. should stay the hell out of doctor-patient conversations and treatment unless there’s a clear threat to patient health or safety.” – Conversion therapy is a threat to their safety and parents have been known to have their kids taken to foreign countries even where physical abuse is pulled on top of the emotional and mental abuse.

    The idea of conversion has morphed into the mind set that makes killing OK because said person has chosen to be gay. Conversion therapy also lives along side the idea the government should come and regulate that part of people’s lives.

    1. Dissent says:
      December 20, 2015 at 10:30 am

      I generally agreed with the ban on conduct (conversion therapy). The ban has been upheld in at least three states now, if memory serves. Although, to be honest, the courts really didn’t have a lot of super-hard evidence of the harm/risk of conversion therapy. Not sure it would have been upheld if “strict scrutiny” standard had been applied.

Comments are closed.

Now more than ever

Search

Contact Me

Email: info@pogowasright.org

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

Categories

Recent Posts

  • Microsoft’s controversial Recall feature is now blocked by Brave and AdGuard
  • Trump Administration Issues AI Action Plan and Series of AI Executive Orders
  • Indonesia asked to reassess data privacy terms in new U.S. trade deal
  • Meta Denies Tracking Menstrual Data in Flo Health Privacy Trial
  • Wikipedia seeks to shield contributors from UK law targeting online anonymity
  • British government reportedlu set to back down on secret iCloud backdoor after US pressure
  • Idaho agrees not to prosecute doctors for out-of-state abortion referrals

RSS Recent Posts on DataBreaches.net

  • Fans React After NASCAR Confirms Ransomware Breach
  • Allianz Life says ‘majority’ of customers’ personal data stolen in cyberattack
  • Infinite Services notifying employees and patients of limited ransomware attack
  • The safe place for women to talk wasn’t so safe: hackers leak 13,000 user photos and IDs from the Tea app
  • Au: Qantas hackers gave airline 72-hour deadline
©2025 PogoWasRight.org. All rights reserved.
Menu
  • About
  • Privacy