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Showing posts with label Constitutionally protected speech. Show all posts
Showing posts with label Constitutionally protected speech. Show all posts

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, TexasWorkersCompLaw.com

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."