(DENVER, C.O.) — Today, the Liberty Justice Center secured a major First Amendment victory for Dr. Eric Cubin, a Wyoming radiologist removed from the Wyoming Board of Medicine after speaking to state legislators about pending legislation.
The U.S. Court of Appeals for the Tenth Circuit reversed the dismissal of Dr. Cubin’s First Amendment claim against Governor Mark Gordon in his official capacity and sent the case back to the district court for further proceedings.
The court firmly rejected the lower court’s conclusion that Dr. Cubin’s speech was merely a private grievance. Instead, it held that his email to lawmakers addressed “a matter of public concern” and recognized it as the kind of political participation the First Amendment protects. The court also ruled that the district court “jump[ed] the gun” by dismissing the case before Dr. Cubin had an opportunity to conduct discovery and prove that the Governor retaliated against him.
“This is a powerful victory for the principle that Americans do not surrender their First Amendment rights when they agree to serve their communities,” said Brendan Philbin, Senior Counsel at the Liberty Justice Center. “Dr. Cubin spoke directly to elected lawmakers about pending legislation—core political speech at the heart of the First Amendment. Today’s decision gives him the opportunity to hold the Governor accountable.”
Dr. Cubin emailed Wyoming legislators in February 2024 to support Chloe’s Law, which restricts gender-transition procedures for minors, and to explain that the Wyoming Medical Society’s opposition did not represent the views of all Wyoming physicians. Governor Gordon signed the bill into law but subsequently removed Dr. Cubin from the Board because of his email.
“I spoke up because Wyoming lawmakers needed to hear the truth from physicians whose views were not being represented,” said Dr. Cubin. “Today’s decision affirms that speaking honestly to our elected representatives is not misconduct—it is a constitutional right. I look forward to continuing this fight.”
The court upheld qualified immunity for Governor Gordon in his personal capacity, but Dr. Cubin’s official-capacity First Amendment claim now returns to the district court.
The case is Cubin v. Gordon, No. 25-8021, in the U.S. Court of Appeals for the Tenth Circuit. More information is available here.
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