We use cookies, including third-party cookies from Google to serve personalized ads through AdSense, to operate this site and understand how it is used. By continuing to browse, you accept this use. See our Privacy Policy and Terms of Use for details, including how to opt out of personalized advertising.
Accept
Health Works CollectiveHealth Works CollectiveHealth Works Collective
  • Health
    • Mental Health
  • Policy and Law
    • Global Healthcare
    • Medical Ethics
  • Medical Innovations
  • News
  • Wellness
  • Tech
Search
© 2023 HealthWorks Collective. All Rights Reserved.
Reading: Physicians Lose Right of Free Speech
Share
Notification Show More
Font ResizerAa
Health Works CollectiveHealth Works Collective
Font ResizerAa
Search
Follow US
  • About
  • Contact
  • Privacy
© 2023 HealthWorks Collective. All Rights Reserved.
Health Works Collective > Policy & Law > Public Health > Physicians Lose Right of Free Speech
NewsPolicy & LawPublic Health

Physicians Lose Right of Free Speech

Michael Kirsch
Michael Kirsch
Share
4 Min Read
free speech
SHARE

free speechI’m all for free speech and very hostile to censorship. The response to ugly speech is not censorship, but is rebuttal speech. Of course, there’s a lot of speech out there that should never be uttered. Indecent and rude speech is constitutionally protected, but is usually a poor choice. We have the right to make speech that is wrong.

free speechI’m all for free speech and very hostile to censorship. The response to ugly speech is not censorship, but is rebuttal speech. Of course, there’s a lot of speech out there that should never be uttered. Indecent and rude speech is constitutionally protected, but is usually a poor choice. We have the right to make speech that is wrong.

I relish my free speech in the office with patients. I am interested in their interests and occupations and sometimes even find time to discuss their medical concerns. I am cautious about having a political discussion with them, but patients often want my thoughts and advice on various aspects of medical politics, and I am willing to share my views with them. I don’t think they fear that politics or any other issue under discussion will affect their care. It won’t.

A Federal Appeal Court recently decided in a Florida case that physicians could be sanctioned if they asked patients if they owned firearms if it was not medically necessary to do so. Entering this information into the medical record could also result professional discipline. The court was considering such gun inquiries to be ‘treatment’ and not constitutionally protected speech.

More Read

Bone Density Tests – Too Many Not a Good Thing
Why Doctors Should Have Their Own Website
Problem for Women Who Can’t Afford Care
New Research on The Patient Voice
Diagnostic Reading: Five Must-Read Articles From the Past Week

I am on the record in this blog more than once that I do not think we should look to the courts to make policy. Their task is simply to rule on the legality of a particularly claim. In other words, we should not criticize a legal decision simply because we do not like the outcome. Nevertheless, this decision is simply beyond wacky and could create a theater of the absurd in every physician’s office

Could the following examples of physician inquires be prohibited?

  • A psychiatrist cannot ask about cigarette smoking as this is not relevant to the patient’s depression.
  • An internist cannot ask what the patient’s hobbies are as this is not germane to the medical encounter.
  • A gastroenterologist asks his patient who is a chef for a recipe and risks professional sanction for crossing a red line.
  • A surgeon asks a patient’s opinion about the town’s new basketball coach and hopes that this patient is not a planted mole recording the conversation.

So for those physicians who practice in the 11th Circuit, no gun inquires unless you can demonstrate with clear evidence that it has direct medical relevance. The court left open for now asking patients about sling shots, fly fishing and skeet shooting, but medical practitioners are advised to consult with their attorneys regularly.

Apparently, idiotic judicial decisions can still be the law of the land.

(Free speech / shutterstock)

Share This Article
Facebook Copy Link Print
Share

Stay Connected

1.5KFollowersLike
4.5KFollowersFollow
2.8KFollowersPin
136KSubscribersSubscribe

Latest News

Biofeedback Technology in Addiction Treatment: What the Evidence Shows So Far -- AI-generated illustration
Biofeedback Technology in Addiction Treatment: What the Evidence Shows So Far
Addiction Addiction Recovery
September 28, 2026
Charity Care Is Written Into Hospital Policy. It Rarely Makes It Onto the Bill. -- AI-generated illustration
Charity Care Is Written Into Hospital Policy. It Rarely Makes It Onto the Bill.
Business Hospital Administration
September 25, 2026
A Global Perspective on Medicine: Lessons Learned Across Borders -- AI-generated illustration
A Global Perspective on Medicine: Lessons Learned Across Borders
Medicines
September 23, 2026
KMG Psychiatry Discusses the Role of Self-Awareness in Mental Health  -- AI-generated illustration
KMG Psychiatry Discusses the Role of Self-Awareness in Mental Health 
Mental Health
September 23, 2026

You Might also Like

medicaid drug costs
FinanceHealth ReformPolicy & LawPublic Health

Is Managed Care the Answer to Reduce Medicaid Drug Costs?

August 14, 2013
Mental health understanding the brain
Mental HealthNews

Getting Cozy with Hannah Shippen – Supporting Mental Health

October 29, 2021
Image
Policy & Law

Delaying the “Employer Mandate”

July 5, 2013

Osteoarthritis and Obesity Can Shave 3.5 Years of Healthy Life

March 29, 2011
Subscribe
Subscribe to our newsletter to get our newest articles instantly!
Follow US
© 2008-2026 HealthWorks Collective. All Rights Reserved.
  • About
  • Contact
  • Privacy
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?