Posted February 25, 2011, 8:40 pm CST
A accompaniment bureau cogent a Texas workers’ advantage advocate not to use assertive words on his blog was a bit like the government already cogent the backward actor George Carlin not to use the seven bedraggled words in his actor routine. It led to lots added of same.
A Lubbock, Texas workers’ atone advocate filed clothing (PDF) in federal cloister Monday alleging all address of First Amendment and due action violations abounding from a Feb. 7 cease-and-desist letter from the Texas Department of Allowance Division of Workers’ Compensation.
The letter said to stop application assertive agreement on a acknowledged blog, and otherwise. Those agreement are: “Texas Workers’ Compensation” or the use of the appellation “Texas” forth with either “Workers’ Compensation” or “Workers’ Comp.”
The plaintiff, Texas Workers’ Advantage advocate John Gibson, writes the Texas Workers Advantage Law Blog, so the ban on assertive words is added than ambiguous for his mission to “promote analytical and active discourse” about developments and issues in that breadth of Texas law.
According to Texas Labor Code § 419.002, its use is banned in affiliation with “any impersonation, advertisement, solicitation, business name, business activity, document, artefact or service.”
That ability be so ample as to accommodate alike Gibson’s suit, filed by Lubbock advocate Robert S. Hogan.
Hogan angled down, absolutely abounding multiples, and proceeded to use the agreement over and over in the complaint to actuate the court, but also, in effect, academy the accompaniment bureau and the accompaniment assembly on the ramifications of new accoutrement added to the law in 2005—but allegedly alone now carefully enforced. The changes allegedly were fabricated to stop advisedly ambagious advertisements by allowance companies.
Hogan endless the complaint up with the banned words, in the aforementioned appearance as Carlin arduous the FCC aback in his pre-cable, pre-satellite/Internet radio days, with archetype afterwards archetype of the statute’s analytic conclusions:
• Texas physicians and medical clinics can’t acquaint that they acquire workers’ advantage patients.
• Lawyers cannot use the byword “Board Certified in Workers’ Advantage Law by the Texas Board of Acknowledged Specialization” (which Gibson is, by the way).
• Acknowledged professionals would be hard-pressed to conduct seminars on the latest decisions by the “Texas Workers’ Advantage Commission” or criticize a cardinal by a “Texas” cloister on a “Workers’ Compensation” case.
• Candidates for accessible appointment cannot altercate in attack abstract or speeches the needs for reforming the “Texas Workers’ Compensation” system.
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