I’m under federal investigation for making a joke on Twitter. In June 2019, employees at the left-liberal Vox Media Inc. walked off the job demanding a new collective bargaining agreement. As the publisher of a conservative website, the Federalist, I found the clash ironic. I tweeted: “FYI @fdrlst first one of you tries to unionize I…

NCLA Executive Director and General Counsel, Mark Chenoweth, comments on the recent developments in the Joel Fleming v. FDRLST Media, LLC case. https://nclalegal.org/wp-content/uploads/2020/05/The-Andrea-Kaye-Show.-April-28.mp3     TweetShareShare0 Shares

Can a politically unaccountable government agency sanction you for a joke on Twitter that annoyed a total stranger? If you’re Ben Domenech of The Federalist and the agency is the National Labor Relations Board, the answer, for now, is yes. The case is a perfect storm of what is wrong with the administrative state in general and the…

Can a politically unaccountable government agency sanction you for a joke on Twitter that annoyed a total stranger? If you’re Ben Domenech of The Federalist and the agency is the National Labor Relations Board, the answer, for now, is yes. The case is a perfect storm of what is wrong with the administrative state in general and the…

“First one of you tries to unionize I swear I’ll send you back to the salt mine” An NLRB administrative law judge has ruled that the publisher of The Federalist website violated the NLRA when he posted a tweet on his personal Twitter account threatening to send employees “to the salt mine” if they try…

I recently posted about the states that had rejected deference in the past several years and noted that several more states were likely to reconsider deference in 2020. One state that I did not expect to see make the change was Arkansas whose state Supreme Court had as recently as 2014 had employed a highly deferential standard…