When writers at Vox Media staged a walk-out as part of their unionization efforts, Ben Domenech, publisher of The Federalist, responded with a joke on Twitter. There’s no evidence anyone at The Federalist thought this was anything other than a topical joke, responding to a current event. Yet as Domenech recounts in the WSJ, a progressive writer and lawyer responded by…

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…