Freedom Of Speech In Delaware, But Don't Mess With Texas



By Cassandra Roberts

Okay, you know it's going to be good when the post is about an article sent to me by my ex-husband, who is not a blogger..... but he is a tax attorney.  An article in the recent ABA Journal talks about how circumscribed the law is in the Lone Star State in terms of what you can and can't say when it comes to workers' comp.  Mostly what you can't say....and it is a mouthful. Texas attorney and legal blogger John Gibson has filed suit after receiving a cease and desist letter from the Texas Department of Insurance Division of Workers' Compensation attempting to enjoin him from using the phrase "Texas Workers' Compensation", or the terms "Texas" in tandem with "workers' compensation" in any context.....on his blog.  This is all reportedly a violation of Texas Labor Code Section 491.002. Are you kidding me?

According to Gibson's lawyer, Robert Hogan, following the language of the statute to its logical conclusion would prevent:

  Physicians and medical providers from advertising that the participate in the workers' compensation system

  seminars from advertising that they will focus on anything involving the Texas Workers' Compensation Commission or Texas work comp law

  political candidates from heralding that they will address reformation of the Texas workers' compensation system....

...........just to name a few.  I found it curious in this same issue of the ABA Journal was a legal ethics article titled "Texas lawyers reject ban on sex with clients".  What's with these people?  And what do you expect where the state animal is an armadillo, the state food is chili and the state fruit is grapefruit.  Makes me appreciate what we have here in the First State....where we can bandy about the term "Delaware Workers' Compensation" with unfettered discretion and joyful abandon.  And I do.

Did I ever mention that my current husband used to be a client?  I will leave it to your imagination as to whether I have broken any laws in Texas.....:>)

Irreverently yours,
Cassandra Roberts




   Visit Delaware Detour & Frolic, a law blog by Cassandra Roberts



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