The following excerpt is from Pickup v. Brown, No. 2:12-CV-02497-KJM-EFB (E.D. Cal. 2012):
Similarly, in Wollschlaeger v. Farmer, No. 11-22026-Civ, 2012 WL 3064336 (S.D. Fla. June 29, 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 *7. 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 *9. The
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