Union "yes," supression of free speech "no"

An employee of a county hospital was disciplined for wearing a "Union Yes" button in violation of the hospital's dress code.  He sued under 42 U.S.C. § 1983 alleging violation of his First Amendment rights, and at trial won on JMOL.  Yesterday the Fifth Circuit affirmed.  Communication Workers of America v. Ector County Hosp. Dist., No. 03-50230 (5th Cir. Dec. 1, 2004).