各州保护拥有枪支的病人免受政治化医生言论影响的权利

Q4 Social Sciences

Louisiana Law Review Pub Date : 2018-04-03 DOI:10.2139/SSRN.3341808

F. Griffin

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引用次数: 0

摘要

最近的大规模枪击事件使患者的持枪权成为公众关注的焦点，并可能导致一些医生在医患关系中以与患者医疗无关的方式表达个人对持枪的政治观点，从而歧视或骚扰守法的持枪患者。政治化的医生枪支言论受到州许可证颁发机构使用其警察权力的监管，强制医生对非医疗枪支建议保持沉默的法律属于美国宪法规定的各州权利，包括禁止医生歧视合法持枪患者、骚扰这些患者的法律，和/或避免在他们的医疗记录中进行不必要的询问或标注。

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States’ Rights to Protect Gun-Owning Patients from Politicized Physician Speech

Recent mass shootings place patients’ gun rights in the public spotlight and may lead some physicians to discriminate against or harass law-abiding, gun-owning patients by expressing personal political views on gun ownership inside the patient-physician relationship in ways unrelated to patients’ medical care. Politicized physician gun speech is subject to regulation by state licensing authorities using their police powers, and laws compelling physician silence regarding non-medical gun advice are within States’ rights under the U.S. Constitution — including laws prohibiting physicians from discriminating against their lawful, gun-owning patients, from harassing those patients, and/or from making unnecessary inquiries or notations in their medical records.

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来源期刊

Louisiana Law Review Social Sciences-Law

CiteScore

0.40

自引率

0.00%

发文量

期刊介绍： The first issue of the Louisiana Law Review went into print in November of 1938. Since then the Review has served as Louisiana"s flagship legal journal and has become a vibrant forum for scholarship in comparative and civil law topics. The article below is taken from the first issue of the Law Review. The piece was meant to commemorate the founding of the Law Review and to foreshadow the lasting impact that the Louisiana Law Review would have on state jurisprudence and legislation and on the legal landscape of Louisiana for years to come.