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...

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...

NCLA Executive Director and General Counsel, Mark Chenoweth, comments on the recent developments in the Joel Fleming v. FDRLST Media, LLC case.    

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...

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...

“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...

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...

An Arizona federal court tossed a suit from police body camera and nonlethal weapon maker Axon Enterprise Inc. that challenged the Federal Trade Commission’s structure and merger review process as unconstitutional. U.S. District Judge Dominic W. Lanza on Wednesday...

On April 6, Harriet Hageman, senior litigation counsel for the New Civil Liberties Alliance, filed an amended complaint in the Wyoming federal district court on behalf of R-CALF USA and ranchers Tracy and Donna Hunt and Kenny and Roxy Fox. In an order dated, March 6,...

In an April 2019 mandate, the U.S. Department of Agriculture and its Animal & Plant Health Inspection Service (APHIS) required all cattle producers to use radio frequency identification (RFID) ear tags and to register their premises with the government if they...

Part I in this series explained that Congress does not have a general police power. Part II added that Congress can seize property pursuant to its Commerce and Necessary and Proper Clause Powers. Part III turned to 18 U.S.C. 922(o), the statute that purportedly...

Part I in this series explained that Congress does not have a general police power. Part II added that Congress can seize property pursuant to its Commerce and Necessary and Proper Clause Powers. But the federal government cannot seize property if the requisite...

The Federalist is being accused of unlawful labor practices over co-founder Ben Domenech’s tweet discouraging employees from unionizing. “FYI @fdrlst first one of you tries to unionize I swear I’ll send you back to the salt mine,” Domenech tweeted on the same day that...

The legal battle between radio frequency ID ear tag opponents and the USDA is back on. A previous lawsuit filed by R-CALF USA and several ranchers was dismissed after USDA reversed course on a rule that would have required cattle producers to use RFID ear tags and...

Harriet Hageman, Senior Litigation Counsel for the New Civil Liberties Alliance, filed an amended complaint in the Wyoming federal district court on behalf of R-CALF USA and ranchers Tracy and Donna Hunt and Kenny and Roxy Fox. In an order dated, March 6, the court...

Police body camera maker Axon Enterprises sparred with the Federal Trade Commission on Wednesday during a hearing held over the phone before an Arizona federal judge over whether the court can hear Axon’s constitutional challenge of the agency’s structure and merger...

The New Civil Liberties Alliance has thrown its weight behind a constitutional challenge to the Federal Trade Commission’s in-house enforcement process, backing body camera maker Axon’s battle in Arizona federal court over an ongoing administrative merger review. The...

Few Americans know that when they settle a case with the SEC (or the CFTC which has a similar “rule”) that they will be forced to agree to a lifetime gag, a subject of much concern to Americans across the political and economic spectrum. Whether in small businesses or...

Honda has asked Arkansas’ appellate court not to show deference to the state’s tax agency and to reverse the denial of a tax refund for income from sales of federal environmental credits to other car manufacturers. In a reply brief filed Monday, American Honda Motor...

In the following guest post, Dan Gold, Thad Behrens, Kit Addleman, Emily Westridge Black, Carrie L. Huff, Timothy Newman, Matt McGee, and Odean L. Volker of the Haynes and Boone, LLP law firm review the key developments during 2019 in securities litigation and...

The Supreme Court heard oral arguments last week over the constitutionality of the Consumer Financial Protection Bureau (CFPB) and whether, as currently structured, it is too far removed from executive oversight. The plaintiff’s attorney in Seila Law LLC v....

NCLA Senior Litigation Counsel Harriet Hageman hosts Lunch & Law with Jennifer Braceras, the Director of the Independent Women’s Forum Law Center, Hanna Stotland, an admissions consultant, and Caleb Kruckenberg, NCLA Litigation Counsel who is handling Vengalattore...

Harriet Hageman, Senior Litigation Counsel for the New Civil Liberties Alliance, has filed a new motion in the Wyoming federal district court on behalf of R-CALF USA and ranchers Tracy and Donna Hunt and Kenny and Roxy Fox. The new motion reveals that despite the U.S....

The Trump administration's stance that American employers with "religious or moral" objections to birth control needn't offer no-cost contraception in their health insurance plans has gotten a boost in a U.S.... Read the full article here.

A second lawsuit has been filed in a U.S. federal courthouse against a rule, scheduled to take effect Monday, 9 March, that would require Atlantic herring fishermen to pay for independent monitors aboard their vessels. Seafreeze Fleet LLC and two vessels it owns filed...