Law.com reports:

...the 5th U.S. Circuit Court of Appeals in a 2-1 opinion has ruled that the (Ector County) hospital district violated Urbano Herrera's First Amendment right to free speech.

His supervisor disciplined Herrera, a carpenter at Medical Center Hospital, after he wore the button in violation of the hospital's dress code. Herrera was an organizer for the Communication Workers of America (CWA), according to the 5th Circuit's Dec. 1 opinion in CWA and Herrera v. Ector County Hospital District, d/b/a Medical Center Hospital.

Herrera had refused to remove the button, telling his supervisor: "I'm not going to take it off. If you want it off, then you take it off."

According to the opinion, he took the button off after his supervisor made him read a copy of the hospital's dress code, which contains a non-adornment provision that prevents employees from wearing such insignias. But Herrera put the button back on after consulting with the CWA, which told Herrera his supervisor could not require him to remove it. He then had another confrontation with his supervisor...