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Pushback: Total victory for The Federalist against attempt by Biden’s Labor Board to silence it

Total victory for Ben Domenech and The Federalist
Ben Domenech at The Federalist

Another past blacklisted American has come away with a triumph for freedom! In April 2022 I reported how the National Labor Relations Board (NRLB) under the Biden administration and working with two leftist lawyers was attempting to silence the conservative news outlet The Federalist because of a very lame Twitter joke sent out by its publisher, Ben Domenech.

In his tweet, Domenech had joked that if any of his six employees dared considering unionizing “I swear I’ll send you back to the salt mine.” The NRLB claimed absurdly this was an example of “unfair labor practice.”

Domenech had hired the New Civil Liberties Alliance (NCLA) to defend him. At first it worked out a settlement whereby all charges would be dropped if Domenech would simply delete his tweet.

Domenech refused. As he said in explaining this decision to fight:

The NLRB erroneously interpreted its own governing statute to mean anyone can press unsubstantiated charges to silence a company’s opposing beliefs. NLRB has no authority to prosecute particular viewpoints and label them as a violation of the law. Individuals have the right to speak freely and satirically to express their opinions under the First Amendment of the U.S. Constitution. And yes, even government agencies have to abide by that … It’s understandable that those who can’t afford to fight often bend the knee, but in that America, bureaucrats—and the trolls who weaponize them to silence speech they don’t like—will keep on rolling until someone stands up and says ‘no.’

On May 20, 2022 the U.S. Court of Appeals ruled entirely in favor of Domenech and The Federalist. You can read that ruling here [pdf].

Significantly, this Court has never affirmed a finding of an unfair labor practice based on employer speech alone absent any indicia of labor friction. And in this case, the Board [NRLB] points to no history of labor strife, no evidence of antagonism, nor even a single example of labor-management tension. The Board cited only one brief tweet, posted from a supervisor’s personal Twitter account. The record contains no sign—indeed, no inkling—of any circumstance at [The Federalist] that leads us to conclude that a reasonable employee would interpret Domenech’s tweet as a veiled threat.

The court also noted that only six people work at The Federalist, and none of them were bothered by Domenech’s tweet at all, with two providing affidavits in support of Domenech. The only ones to complain were two outside leftist lawyers looking to twist the law to censor speech they didn’t like, with the Biden administration and its labor board quite willing to help them do it.

The victory is only one small battle in a much larger war. The same thugs still run both the labor board as well as the Biden administration. The same leftist lawyers who brought the charges are still around, quite eager to weaponize the law to blackball their political opponents.

Until all of these goons are neutralized politically, we shall see more examples of this bad behavior. I wonder if Domenech or The Federalist are considering suing them. They should.

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On Christmas Eve 1968 three Americans became the first humans to visit another world. What they did to celebrate was unexpected and profound, and will be remembered throughout all human history. Genesis: the Story of Apollo 8, Robert Zimmerman's classic history of humanity's first journey to another world, tells that story, and it is now available as both an ebook and an audiobook, both with a foreword by Valerie Anders and a new introduction by Robert Zimmerman.

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  • Joe

    This is definitely one of the dumber messes I have seen. It used to be we could tell when someone was joking, even online. Sadly those days see to be long gone.

  • Realist

    Biden, NATO, Russia, Ukraine, Somalia and the Globalists w/Robert Barnes (Live)

    Isabela: “And yet another fantastic live stream. Thank you, Alex, Alexander and Robert Barnes!”

  • Cotour


    From Klaus Schwab and the World Economic Forum, soon you will be able to track exactly every element of your carbon footprint. And then I am certain through the program the WEF will provide they will be able to track you and every element of your virtue signaling life. Instead of true leadership these kinds of people must have ultimate control because they know better and are much smarter than you and I and what is best for all.

    Be afraid: ; 39 sec.

    The Globalists (D) of the world will be able to track every element of your existence, just like the Communist Chinese do with their social credit system. And that is exactly where this all leads. That is the plan.

    The Democrats in America and the uber Leftist, utopian control seeking Socialists of the world have been very successful in their goals so far believe it or not. They won an essential election for president in America and control the three elements of government, they have flooded Americas borders with massive numbers of illegals in pursuit of permanent political control, they have by agenda as per president Biden massively increased the cost of energy so you will not be able to use it, they have created a great increase in inflation and the cost of living in what was the most powerful country on the planet, and all of these accomplishments tend to keep the population of America and the world dialed down and controlled and not using that nasty carbon.

    And none of this is by mistake or by missteps, this is all by agenda. And they have clearly and plainly told you so.

    This is the man, Klaus Schwab of the WEF, and along with the likes of Bill Gates and George Soros are presently planning your and the rest of the world’s existence. (That is a real Un doctored picture of Mr. Schwab)

    Klaus Schwab: 50 sec. Just one more “well-meaning” Nazi? Looks like a duck to me. Quack!–~D

  • Edward

    Joe noted: “It used to be we could tell when someone was joking, even online. Sadly those days see to be long gone.

    I suspect the problem is not that we can no longer sense a joke or sarcasm (which we sometimes miss) but that it is a two-fold problem:
    1) Leftists have had their sense of humor knocked out of them by their fellow leftists in another action to destroy the First Amendment (comedians are reporting a fear of performing at universities, because college students take offense at anything deviating from political correctness), and
    2) Leftists are willing to take (or make) anything out of context in order to make a point in their own favor, as they do when they falsely claim that President Trump defended white supremacists at Charlottesville (he explicitly said he wasn’t, but leftists ignore those words).

    Oh, wait, one more:
    3) Leftists aren’t as smart as they think they are, which is why they are anti freedom.

  • Edward: I would add a #4, which I consider the most important:

    4) Leftists are only interested in power, and will use any tool, no matter how vile, to gain it.

  • Cotour

    And believe it or not she has been very, very successful:

    Not the kind of success you are concerned with, but successful all the same. In her childish ignorance and incompetence lies her success, she has been very useful to the cause.

    And yes, it’s all about power. Whatever venue there is an opportunity to influence or control power there will be the abuse of power. Whether it be in a home, a school, a corporation, in politics or in religion.

    There are no venues, as uncomfortable as it makes some, that gets a pass.

  • Cotour

    The Democrats are doing as they have planned, and they are being very, very successful:

    Not one gas lease to be had.

    And they will have to break it, bankrupt it and render it all inoperable before the midterm elections.

    That is if there are midterm elections, lots of “White supremacist” domestic terrorism in America you know.

    They must destroy America in order to save America and recast t as it should be. That is what they tell themselves anyway.

  • BtB’s Original Mark

    This is another example of tearing down the richness of the English language.
    Ben Domenech was just engaging in harmless workplace banter using an ironic idiom.
    Idiomatically the phrase ‘Back to the Salt Mines’ means that you are resuming work on a task that you don’t find very appealing, but it’s used ironically in America because almost all work has elements that are a grind.

    Not too long ago it was a common American expression.
    Kids would hear their fathers say ‘Back to the Salt Mines’ on a Monday morning.

    According to one legend, the third Pope, Clement I, was banished to the salt mines in Crimea by the Romans.
    There also might be a connection to Imperial Russia forcibly sending prisoners to forced labor in Siberian salt mines.

  • Realist

    24 May 2022 by Larry Johnson

    Here is a quick summary:

    $19 billion for immediate military support to Ukraine
    $3.9 billion to sustain U.S. forces deployed to Europe
    $16 billion for economic support to Ukraine and global humanitarian relief
    $2 billion for long-term support to NATO allies and DOD modernization programs

    Right off the bat you can see that Ukraine is not getting $40 billion dollars worth of military goodies to whack Russians. They are not even getting $19 billion. The $19 billion is carved up into smaller packages:

    $6 billion for training, equipment, weapons, logistic support, supplies and services, salaries and stipends and intelligence support to the military and national security forces of Ukraine (and the specifics of the expenditures remain to be determined).

    $9 billion to replenish U.S. weapons stocks already sent to Ukraine.

    $4 billion for the Foreign Military Financing Program (this allows a foreign country like Ukraine to buy brand new weapon systems).

    What could Ukraine buy with $4 billion dollars? They could order 444 M1A2 SEP battle tanks. Getting them built and delivered will take more than a year. Or Ukraine could buy 44 F-35 Jet Fighters. But that is just the cost of the air frame. Ukraine would then have to cough up at least $27,000 per flight hour per plane. Delivery on that system would take years. Lockheed Martin currently churns out 91 a year. So, if Ukraine is willing to wait 5 years it could have the most advanced fighter in the U.S. arsenal. But that assumes the U.S. Air Force stops buying and lets Ukraine get to the head of the line.

  • Cotour


    I think the acquisition of the high-tech Javelin and Stinger and the various other light, very portable and extremely effective and relatively inexpensive compared to a 5 year wait for the F-35 5th gen fighters (Which would never ever happen, only in a fantasy) missile systems along with all of the necessary several other supports are the way to go. That appears to have been very effective thus far.

    And still the Russians have the mass to sustain some level of destructive force, but for how long before something happens internally that stops it where it is?

    IMO Putin’s days are numbered, and his time ticks away.

    Was he forced to do what he did in order to stop out the Wests / NATO’s advances? Very possibly. And if so, he has allowed himself to be put in that position and what has been the effect? Both Finland and Sweden are now openly saying that they will become members of NATO exactly because of Putin apparent raw aggression, forced or not.

    Has Putin been played in the ultimate chess game by the West and forced to shoot is load and is now in a desperate position as NATO expands anyway?

    And that may be a bit too 20 / 20 hindsight, but that appears to be where the world now is because of Vlad’s moves, forced or not.

    Nuke threats, tactical or otherwise? Would be just one more bad move and would bury Russia even deeper and longer. Which is not to say that Russia is not to be respected, but the future does not belong to Russia at this point under these circumstances IMO.

  • wayne

    Donald Trump On Neil Young
    (April 11, 2016)

  • Realist


    You still live in a world of illusions. Unbelievable. This bubble will burst soon. Russia’s glorious victory and America’s humiliation (which is good, because America = globalism) is inevitable. To the arms: If you had watched the various videos I linked, you would understand why Javelin (that missile in particular is pretty junk) and Stinger have no effect on the course or outcome of the war.

    .200-500 Ukrainian soldiers die every day. The Russians fire 400-600 thousand artillery shells every day! The Ukrainian army is crushed. Bit by bit. village by village. city ​​by city. Also, the sanctions against Russia are practically ineffective. The ruble is stronger than before the war. Putin has prevailed with his demand to sell oil and gas for rubles.

    Here is a video about the inevitable outcome of the war,

    “05/25/2022 Everyone is positioning themselves for the coming Ukrainian disintegration”

  • Cotour


    There aspects of your statement that I agree with, but some I do not:

    1. Yes, there are forces within America that are determined to fully embrace the Globalist agenda. And this is an ongoing political warfare battle that rages within our country today that continues to play out. Stay tuned on this.

    2. I suspect that it is physically impossible for the Russians to fire 400 to 600 thousand rounds of artillery a day. Not possible, maybe you misstated that?

    3. I have from the start of this conflict clearly stated that Russia has the mass to out last Ukraine. But Russia is paying possibly too high a price for what ever they want to call victory here.

    4. Vlad through his raw aggression and propagation of fear has in fact pushed the expansion of NATO in real terms.

    Vlad I suspect will be gone from the scene in not too long a time, I will truly miss him. Then what?

  • Realist


    Something for you:

    “What’s up with the Howitzers?” by Jacob Dreizin

  • Realist

    The Dreizin Report – Ukraine War & Aftermath

    “05-25-2022 – The Snowball Effect”

    In this video, the Dreizin Report explains in detail the tactical and psychological components of the Ukraine’s latest failures in the Donbass. Among other things, you will receive a crash course in static defense planning.

    Most enjoyably, we start the video with several minutes of hightlighting a certain other talking head’s “borrowing” of Dreizin Report material.

  • pzatchok

    Was he flying under the Russian military in Russian equipment or under the Wagner group flag in Russian equipment?
    Either way his pay comes from Russia.
    If Russia didn’t hire mercenaries they wouldn’t have an experienced army at all.

    I guess not all the Russian youth are as patriotic as some would like us to think.
    They are even fire bombing recruitment offices.

  • Realist

    Gonzalo Lira: “2022.05.26 Game Changers” (8 min)

  • Realist

    Gonzalo Lira: “2022.05.26 What Happens AFTER the Loss of the Donbas” (14 min)

  • Realist

    The New Atlas:

    SHORT: “Why is Russia Taking so Long?” (7 min)

    To answer the question of why Russian forces are taking a long time to “win” in Ukraine, one must understand that Ukraine spent 8 years building extensive fortifications along the line of contact in the Donbas region.

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