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A federal appeals court has revived a First Amendment lawsuit brought by a Wyoming radiologist who was removed from the state medical board after contacting state legislators about pending healthcare legislation.
The U.S. Court of Appeals for the Tenth Circuit reversed a lower court’s dismissal of Dr. Eric Cubin’s claim against Wyoming Governor Mark Gordon in his official capacity. The three-judge panel sent the case, Cubin v. Gordon, back to the district court for further proceedings.
The legal dispute began after Cubin sent an email to Wyoming lawmakers in February 2024 regarding Chloe’s Law, a bill restricting gender-transition procedures for minors. In his message, Cubin voiced support for the measure and noted that the Wyoming Medical Society’s opposition to the bill did not represent the views of all physicians in the state.
Governor Gordon subsequently signed the bill into law but removed Cubin from his position on the Wyoming Board of Medicine, citing the email.
In its ruling, the Tenth Circuit rejected the district court’s finding that Cubin’s communication was a private grievance. The appellate court held that the doctor’s email addressed a matter of public concern and constituted political participation protected under the First Amendment. Additionally, the court noted that the lower court had acted prematurely by dismissing the lawsuit before Cubin had the opportunity to conduct discovery regarding his retaliation claims.
While the court upheld qualified immunity for Governor Gordon in his personal capacity, the decision allows Cubin’s official-capacity claim against the governor to move forward in district court.
“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, the organization representing Cubin. “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.”
Cubin also commented on the appellate court’s decision.
“I spoke up because Wyoming lawmakers needed to hear the truth from physicians whose views were not being represented,” Cubin said. “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.”
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Wyoming Doctor’s Ouster Over Lawmaker Email Triggers Major First Amendment Comeback
