The following excerpt is from Pickup v. Brown, 42 F.Supp.3d 1347 (E.D. Cal. 2012):
Similarly, in Wollschlaeger v. Farmer, 880 F.Supp.2d 1251 (S.D.Fla.2012), a district court considered a Florida statute that prevented a medical care provider from asking a patient about gun ownership and recording any information about gun ownership in a patient's records, subject to a few exceptions. The court described the act as imposing content-based restrictions on practitioners' speech because it regulate[s] practitioners' inquiries [and] record-keeping ... on only one subject. Id. at 126162. It observed that the law was different from so many other laws involving practitioners' speech because it aims to restrict a practitioner's ability to provide truthful, non-misleading information to a patient .... The purpose of preventative medicine is to discuss with a patient topics that ... informs [sic ] the patient about general concerns that may arise in the future. Id. at 1263. The court in Wollschlaeger found that the law burdened the doctor-patient relationship by prohibiting speech necessary to the practice of preventative medicine and thereby preventing patients from receiving truthful, non-misleading information. Id. at 126667.8
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