Thursday Editorial: Freedom of speech returns to the doctor’s office … – Florida Times-Union

Its official. Doctors may talk to their patients about gun safety.

Florida had passed a law in 2011 that had restricted the ability of physicians to speak on that subject.

Called Docs vs. Glocks, it was a blatant attack on the First Amendment that did not rise to the level of other constitutional restrictions on free speech, such as slander, libel or falsely yelling fire in a crowded theater.

Had the law survived legal scrutiny, it might have served as model for the rest of the nation, much like Stand Your Ground.

The bill had been based on a few unfortunate incidents, especially one in which a physician asked a patient a standard question about gun safety in the home, the patient refused to answer and the physician then refused to treat.

The doctor-patient relationship is a sacred one. And in a free society, doctors and patients have the right to fire each other.

A lawsuit challenging the bill had been upheld by several three-judge panels in the 11th Circuit of the U.S. Court of Appeals. Finally, however, the full appellate court overturned the law, 8 to 3.

The state of Florida recently let the deadline pass for continuing an appeal. So now its final.

The law basically was an example of political correctness gone wild. As the court mentioned in its decision, there was no evidence that doctors had taken away patients firearms precisely because they have no right to do so.

The record-keeping, inquiry and anti-harassment provisions of the law were struck down, but the anti-discrimination portion was deemed constitutional.

The Bill of Rights sometimes requires the courts to find a balance between individual rights, such as right of free press and the right to a fair trial.

Some proponents of the Second Amendment appear to be trying to carve out a special level for the right to bear arms based on he phrase, the right to bear arms shall not be infringed.

In his book, Shall Not Be Infringed, authors David Keene and Thomas Mason assert that the phrase places the Second Amendment on its own tier of rights.

They write that much of the gun control debate relies on symbolic and nonexistent solutions that would do little, if anything, to reduce gun violence or gun crimes. They offer several persuasive examples, such as the so-called gun show loophole 90 percent of guns sold at gun shows are already sold to federally licensed firearms dealers who conduct background checks.

By the same token, Floridas Firearms Owners Privacy Act was a classic overreaction to a nonexistent problem.

This issue wasnt all that difficult.

The Second Amendment, in clarifying the right to own guns, refers to a well regulated militia.

What did the Founders mean?

One example was described in the book The Second Amendment: A Biography by Michael Waldman.

In 1792, Congress passed a law requiring every free and able-bodied white male citizen between 18 and 45 to enroll in a state militia and buy a gun. Basically, it was a draft.

Congress established a nationwide registry of privately owned guns for militia use, called a return.

The public largely ignored the law.

CONGRESSMAN PAYS FOR ATTACK ON REPORTER

Justice was done in the inexcusable attack by U.S. Rep. Greg Gianforte, R-Montana, on a reporter for the Guardian, Ben Jacobs.

The reporter simply asked the congressman about the cost of the Republican health care plan during a campaign event. Gianfortes response was to slam Jacobs to the floor.

Gianforte was convicted of assault, sentenced to 40 hours of community service and 20 hours of anger management, The New York Times reported. He also issued an apology to the reporter and paid about $4,500 in expenses to the reporter.

Current tension in the country has resulted in verbal attacks on the press, sometimes led by the president, that can feed into this kind of assault.

SCHOOL BOARD: USING RESERVES wisely

The Duval County School Board is right to use reserves as a result of the Legislatures irresponsible overmanagement of the states school districts.

At the same time, board members are right to be cautious and responsible, realizing that these are one-time funds that are meant to be used in emergencies.

Florida law requires a 3 percent reserve; Duval maintains 5 percent, so there are funds available.

The goal of repaying the reserves is consistent with responsible stewardship.

UPGRADE THE MILITARY

Evidence that Americas military might has been allowed to slip under President Barack Obama came home in a recent news stories.

As reported in The Wall Street Journal, only three of the Armys 58 brigade combat teams are at full readiness.

More than half of the Navys aircraft cant fly because they need parts or maintenance.

The Air Force is short about 1,500 pilots and 3,000 mechanics.

And in April, the Navy announced the grounding of T-45 jets after 100 instructor pilots went on strike due to concerns about hypoxia-like conditions in the cockpits, reported military.com.

Also two-third of the Navys strike fighters cant fly because their undergoing maintenance or waiting for parts, reported defensenews.com.

The Navy cant get money to move sailors and families, about $440 million is needed to pay sailors and 15 percent of shore facilities are failing.

The headlines and the political support typically go to sexy new weapons systems, but its clear the nations leaders have been failing to keep Americas most respected occupation in tip-top shape.

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Thursday Editorial: Freedom of speech returns to the doctor's office ... - Florida Times-Union