“(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 of opinion. It’s a special kind of speech whose purpose is only to help the patient.” DRGO Media Director Dr. Arthur Z. Przebinda in our comment section.
