2. My critique of the NLRB ALJ decision is threefold: 1-Ignored the context & the whole nature of a reasonable-observer inquiry; 2-Agency has drifted from the statutory design; & 3-A process that allows this result is insane. Pushback on #1 doesn't address the other 2 points.
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It's been a recurring response. "Ben's the one bringing this on himself when all he has to do is delete the tweet and the govt will leave him alone."
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Like clockwork the "party of personal responsibility" asks for a giant asterisk when it applies to their own actions
End of conversation
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I'm gonna stick with NAACP v Claiborne Hardware from 1982. If "you patronize one of these white-owned businesses, I'm gonna break your damn necks" isn't criminal speech, then Ben's comments don't even approach it.
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