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GIBSON v. TX. DEPT. OF INS. — DIV. OF WORKERS' COMP.

No. 11-11136.

700 F.3d 227 (2012)

John E. GIBSON, In his Individual Capacity, doing business as John Gibson & Associates, Plaintiff-Appellant, v. TEXAS DEPARTMENT OF INSURANCE — DIVISION OF WORKERS' COMPENSATION; Rod Bordelon, Commissioner, Texas Department of Insurance, Division of Workers' Compensation, in His Official Capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 30, 2012.

Attorney(s) appearing for the Case

Robert Smead Hogan (argued), Hogan Law Firm, P.C., David Michael Guinn, Jr. , Hurley & Guinn, Lubbock, TX, for Plaintiff-Appellant.

Shelley Nieto Dahlberg , Office of the Atty. Gen., Gen. Lit. Div., James Patrick Sullivan , Asst. Sol. Gen. (argued), Office of the Atty. Gen., Office of the Sol. Gen., Austin, TX, for Defendants-Appellees.

Before REAVLEY, DENNIS and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

In February 2011 the Texas Department of Insurance issued a cease and desist letter to Appellant John Gibson, arguing that his use of the words "Texas" and "Workers' Comp" in the domain name of his website violated § 419.002 of the Texas Labor Code. Gibson filed a complaint in the Northern District of Texas, alleging that the statute was unconstitutional under the First, Fifth, and Fourteenth Amendments. The district court...

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