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Tuesday, November 20, 2012

Constitutional Challenge to Texas Workers' Compensation Domain Name--The Forbidden Words

The Fifth Circuit Court of Appeals has remanded, for additional review, a complaint filed by a Texas Workers' Compensation attorney who alleges that his constitutional rights were infringed upon by a Texas statute prohibiting misleading advertising. The attorney was cited by the State of Texas for using a domain name that contain the words "Texas" and "Workers' Compensation." The site is named,

The Court stated that the use of the domain maybe constitutionally protected:

"A domain name, which in  itself  could  qualify  as  ordinary  communicative  speech, might  qualify  as commercial speech if the website itself is used almost exclusively for commercial purposes."