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 NLRB in particular. The NLRB process has proven itself here to be both humorlessly literal-minded and easily abused, and its decision and the entire case rest on deeply shaky legal ground. The New Civil Liberties Alliance, a nonprofit dedicated to fighting an overreaching administrative state, is representing The Federalist, and promises to appeal the case.
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