The Firearm Owner 's Privacy Act

1035 WordsApr 22, 20175 Pages
Based upon my understanding of the United States Constitution as well as listening to the arguments brought forth by the two parties in this particular case, I see a great reason to believe that three of the four provisions of the Firearm Owner’s Privacy Act is an unconstitutional abridgment of the First Amendment. The record-keeping provision, anti-harassment provision, and the inquiry provisions are in clear violation of the First Amendment as they are content-based regulations of speech that fail strict scrutiny. However, the anti-discrimination provision of the law is constitutional as it does not regulate free speech. Syllabus: The Firearm Owner’s Privacy Act contains four provisions. The greatest problem with the three…show more content…
The law, as enacted, has three provisions designed to carry-out the state of Florida’s governmental responsibility of protecting its citizens’ Second Amendment rights from being potentially infringed. Additionally, there is one provision in the law that aims to protect against the possibility that physicians might discriminate against patients or potential patients simply due to the fact that they are exercising their constitutional right of owning a firearm. However though, in creating this law, the Florida State Legislature created a content-based and viewpoint-based restriction upon physicians’ right to freedom of speech under the First Amendment. As this law imposes both a content-based and viewpoint-based restriction upon a physician’s fundamental right to free-speech specifically in order to prohibit the advocation of a specific point of view, I believe that strict scrutiny is only suitable form of judicial review for a case such as this. As was established in Ashcroft v. ACLU (2002), the government cannot impose restrictions upon the First Amendment simply because of its content. This decision was then strengthened greatly by the Supreme Court in the case of Reed v. Town of Gilbert which made the determination that laws which restrict speech “based on its communicative content… are presumptively

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