Blue Force Gear Quote of the Day: Balancing the First Amendment With the Second

By Dan Zimmerman

“(W)hen the constitutional rights of one party come into friction with those of another – in an imbalanced power relationship – the Gentile balancing test must be applied. In this case, judging the constitutionality of professional speech regulation such as FOPA, Florida’s interest in enforcing FOPA decidedly outweighs any First Amendment right of physicians. This is a recognition that when a doctor is talking professionally to her patient, it’s not the same as a casual conversation or a public expression…

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Source:: Truth About Guns