5th Circuit Reverses Dismissal of Blogging Lawyer’s First Amendment Case

Lubbock lawyer John E. Gibson will get his day in court to argue that he has a First Amendment right to publish a blog under the domain name of “texasworkerscomplaw.com,” the 5th U.S. Circuit Court of Appeals ruled this week.

The court reversed U.S. District Judge Sam Cumming’s dismissal of Gibson’s lawsuit, which Gibson filed after he received a letter from the Texas Department of Insurance requesting that he no longer use the domain name. The Division of Workers’ Compensation claimed his website violated the Texas Labor Code, which prohibits advertisements and business activity using the words “Texas Workers Compensation” or similar terms.