WSJ.com law blog, just covered the ruling of the federal appeals court in a case of the domain name TexasWorkersCompLaw.com asking “When Is a Domain Name Protected Speech?”
“In 2011, Texas officials demanded that lawyer John Gibson give up the domain name, saying state code prohibits him from pairing “Texas” and “Workers’ Comp.” in connection with his practice. (The regulation, which is meant to guard against deceptive practices, says only the state can use those phrases in combination.)”
“Mr. Gibson filed a lawsuit, claiming, among other things, that the regulation violates the First Amendment’s guarantee of freedom of speech. A federal district judge in Lubbock, Texas, dismissed the case, ruling that the regulation prohibits commercial speech, which isn’t entitled to the same protections as other types of speech.”
“The state had argued that the Texas law was constitutional because Mr. Gibson’s domain name amounts to inherently misleading speech. But the U.S. Court of Appeals for the Fifth Circuit, in a ruling Tuesday, said Mr. Gibson’s free speech claims deserve review.”
“The Fifth Circuit sent the case back to the federal district judge to determine whether the Texas law as applied to Mr. Gibson’s domain name is constitutional. The Fifth Circuit also gave Gibson room to argue that his domain name amounts to protected speech.”
