# Dr. Bernd Wollschlaeger v. Governor of the State of Florida

> Court of Appeals for the Eleventh Circuit · December 14, 2015 · 814 F.3d 1159

URL: https://www.frixlaw.com/law-library/cases/9820616

## Case

- **Full name:** 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
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** December 14, 2015
- **Citations:** 814 F.3d 1159; 2015 U.S. App. LEXIS 21573; 2015 WL 8639875
- **Precedential status:** Published
- **Opinion:** Dissent by Wilson
- **Judges:** Tjoflat, Wilson, Coogler
- **Nature of suit:** SUB
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Vacated by Wollschlaeger v. Governor of Florida, 649 F. App'x 647 (2016).
- Negative treatments: 2
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9820616

## How later opinions describe it (automated extraction)

- noting the “brief treatment” of the First Amendment issue in Casey did not provide much insight into how to analyze regulations of professional speech or why the statute at issue survived scrutiny under the First Amendment

## Opinion text

WILSON, Circuit Judge,
dissenting:
Numerous voices have weighed in on this appeal, which requires us to assess the constitutionality of Florida’s Firearm Owners Privacy Act. Thirty amici curiae filed briefs, and the Majority has now filed its third iteration of an opinion seeking to uphold the Act. See Wollschlaeger v. Governor of Fla. (Wollschlaeger I), 760 F.3d 1195 (11th Cir.2014), opinion vacated and superseded on reh’g, Wollschlaeger v. Governor of Fla. (Wollschlaeger II), 797 F.3d 859 (11th Cir.2015). Having considered all these arguments for and against the constitutionality of this state law, I continue to believe that it does not survive First Amendment scrutiny. However, I have already written two dissents to this effect, and the plaintiffs have sought en banc review. Accordingly, I decline to pen another dissent responding to the Majority’s evolving rationale. I rest on my previous dissents.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9820616. Public record. Not legal advice.