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Judge blocks law on doctors, gun talk

MIAMI, July 3 (UPI) -- Florida cannot enforce a law backed by firearms advocates that banned thousands of doctors from discussing gun ownership with patients, a federal judge ruled.

U.S. District Judge Marcia Cooke, in making a temporary injunction permanent, sided with groups of physicians who said the state had violated their rights to free speech, The Miami Herald reported.

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Cooke's ruling can be appealed by the state Department of Health,

The judge's 25-page ruling said evidence revealed physicians began "self-censoring" because of the "chilling" effect of the legislation, signed into law last year by Gov. Rick Scott, a Republican.

"What is curious about this law -- and what makes it different from so many other laws involving practitioners' speech -- is that it aims to restrict a practitioner's ability to provide truthful, non-misleading information to a patient, whether relevant or not at the time of the consult with the patient," Cooke wrote.

She pointed to the benefit of such "preventive medicine."

Florida's Republican-controlled state Legislature adopted the Firearm Owners' Privacy Act after an Ocala couple complained a doctor had asked them about guns and they refused to answer. The Herald said the doctor refused to see the couple after that.

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Lawyers for the Washington-based Brady Center to Prevent Gun Violence were involved in the case representing the doctors' side.

"Guns in the home are a proven deadly risk," Dan Gross, president of the Brady Center, said in a statement after Cooke's decision. "Guns kill eight children every day. The government cannot tell us or our doctors that we are prohibited from discussing the deadly risks posed by guns."

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