Dr. Bernd Wollschlaeger, Dr. Judith Schaechter, Dr. Tommy Schechtman, Am. Acad. of Pediatrics, Fla. Chapter, Am. Acad. of Family Physicians, Fla. Chapter, Am. Coll. of Physicians, Fla. Chapter, Inc. v. Governor of State

Decision Date28 July 2015
Docket NumberNo. 12–14009.,12–14009.
Citation797 F.3d 859
PartiesDr. 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.
CourtU.S. Court of Appeals — Eleventh Circuit
OPINION TEXT STARTS HERE

Opinion vacated and superseded on rehearing Dec. 14, 2015.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

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8 cases
  • FF Cosmetics FL Inc. v. City of Miami Beach
    • United States
    • U.S. District Court — Southern District of Florida
    • 31 Agosto 2015
    ...conclusion that the challenged regulation directly and materially serves the State's substantial interest." Wollschlaeger v. Governor of Florida , 797 F.3d 859, 898 (11th Cir.2015). Furthermore, "a partial solution to a city's aesthetic problems may still directly advance the city's goals. ......
  • Dr. Bernd Wollschlaeger, Dr. Judith Schaechter, Dr. Tommy Schechtman, Am. Acad. of Pediatrics, Fla. Chapter, Am. Acad. of Family Physicians, Fla. Chapter, Am. Coll. of Physicians, Fla. Chapter, Inc. v. Governor Florida, 12-14009
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 14 Diciembre 2015
    ...and COOGLER,* District Judge.TJOFLAT, Circuit Judge: We sua sponte vacate and reconsider our revised opinion in this matter, reported at 797 F.3d 859. We substitute in its place the following opinion. The Governor of the State of Florida, other Florida officials, and members of the Board of......
  • Wollschlaeger v. Governor of Fla.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 14 Diciembre 2015
    ...Judge.ON PETITION FOR REHEARINGTJOFLAT, Circuit Judge:We sua sponte vacate and reconsider our revised opinion in this matter, reported at 797 F.3d 859. We substitute in its place the following opinion.The Governor of the State of Florida, other Florida officials, and members of the Board of......
  • Wollschlaeger v. Governor of Fla.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 16 Febrero 2017
    ...of FOPA. See Wollschlaeger v. Governor of Fla. , 760 F.3d 1195 (11th Cir. 2014) (Wollschlaeger II ); Wollschlaeger v. Governor of Fla. , 797 F.3d 859 (11th Cir. 2015) (Wollschlaeger III ); Wollschlaeger v. Governor of Fla. , 814 F.3d 1159 (11th Cir. 2015) (Wollschlaeger IV ). We voted to re......
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2 books & journal articles
  • Speech or Conduct? the Free Speech Claims of Wedding Vendors
    • United States
    • Emory University School of Law Emory Law Journal No. 65-2, 2015
    • Invalid date
    ...rather than ensuring safe medical practice, would not be considered a regulation of conduct. Cf. Wollschlaeger v. Governor of Fla., 797 F.3d 859, 869 (11th Cir. 2015).269. Cf. Ely, supra note 179, at 1496 ("Restrictions on free expression are rarely defended on the ground that the state sim......
  • QUALIFIED ABSOLUTISM, CATEGORICAL BALANCING, AND NEW CATEGORIES.
    • United States
    • Albany Law Review Vol. 85 No. 1, March 2022
    • 22 Marzo 2022
    ...Gen., 807 F.3d 1235, 1246 (11th Cir. 2015) (citing Sorrell v. IMS Health Inc., 564 U.S. 552 (2011); Wollschlaeger v. Governor of Florida, 797 F.3d 859 (11th Cir. 2015)) (stating that commercial and professional speech not subject to strict scrutiny, but not reaching the question because gov......

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