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Wollschlaeger v. Governor of Fla.

United States Court of Appeals, Eleventh Circuit.
Jul 28, 2015
797 F.3d 859 (11th Cir. 2015)

Summary

applying the same test to professional speech

Summary of this case from Dana's Railroad Supply v. Attorney General

Opinion

No. 12–14009.

2015-07-28

Dr. Bernd WOLLSCHLAEGER, Dr. Judith Schaechter, Dr. Tommy Schechtman, American Academy of Pediatrics, Florida Chapter, American Academy of Family Physicians, Florida Chapter, American College of Physicians, Florida Chapter, Inc., Roland Gutierrez, Stanley Sack, Shannon Fox–Levine, Plaintiffs–Appellees, v. GOVERNOR of the State OF FLORIDA, Secretary, State of Florida, Surgeon General of the State Of Florida, Secretary, Health Care Administration of the State of Florida, Division Director, Florida Department of Health, Division of Medical Quality Assurance, George Thomas, Jason Rosenberg, Zachariah P. Zachariah, Elisabeth Tucker, Trina Espinola, Merle Stringer, James Orr, Gary Winchester, Nabil El Sanadi, Robert Nuss, Onelia Lage, Fred Bearison, Donald Mullins, Brigette Rivera Goersch, Bradley Levine, Defendants–Appellants. Broward County Medical Association, Broward County Pediatric Society, Palm Beach County Medical Society, Florida Public Health Association, University of Miami School of Law and Youth Clinic, Children's Healthcare is A Legal Duty, Inc., Early Childhood Initiative Foundation, American Academy of Pediatrics, American Academy of Child and Adolescent Psychiatry, American Academy of Family Physicians, American Academy of Orthopaedic Surgeons, American College of Surgeons, American College of Preventive Medicine, American College of Obstetricians And Gynecologist, American Congress of Obstetricians And Gynecologists, American Psychiatric Association, Center for Constitutional Jurisprudence, Doctors for Responsible Gun Ownership, National Rifle Association of America, American Medical Association, Aclu Foundation of Florida, Alachua County Medical Society, American Public Health Association, American Association of Suicidology, Suicide Awareness Voices of Education, Law Center to Prevent Gun Violence, Amicus Curiae.


Opinion vacated and superseded on rehearing Dec. 14, 2015. For superseding opinion, see 2015 WL 8639875.


Summaries of

Wollschlaeger v. Governor of Fla.

United States Court of Appeals, Eleventh Circuit.
Jul 28, 2015
797 F.3d 859 (11th Cir. 2015)

applying the same test to professional speech

Summary of this case from Dana's Railroad Supply v. Attorney General

accepting Florida's direct-advancement argument “given the facial plausibility of the legislature's conclusion” “that proscribing highly intrusive speech that physicians themselves do not believe to be relevant or necessary directly advances the State's interest in protecting its citizens from harmful or ineffective professional practices and safeguarding their privacy.”

Summary of this case from FF Cosmetics FL Inc. v. City of Miami Beach
Case details for

Wollschlaeger v. Governor of Fla.

Case Details

Full title:Dr. Bernd WOLLSCHLAEGER, Dr. Judith Schaechter, Dr. Tommy Schechtman…

Court:United States Court of Appeals, Eleventh Circuit.

Date published: Jul 28, 2015

Citations

797 F.3d 859 (11th Cir. 2015)

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Wollschlaeger v. Governor of Fla.

The state officials appealed, and a divided panel of this court issued three opinions—each using a different…

Dana's Railroad Supply v. Attorney General

Content-based restrictions on certain categories of speech such as commercial and professional speech, though…