NLRB’s ‘Salt Mine’ Tweet Decision Under Fire at Third Circuit

A federal appeals court in Philadelphia slammed the National Labor Relations Board’s decision that the publisher of conservative online magazine the Federalist unlawfully threatened workers by tweeting that he’d send them “back to the salt mine” if they tried to unionize.

During oral argument Wednesday at the U.S. Court of Appeals for the Third Circuit, one judge focused on First Amendment concerns about sanctioning FDRLST Media, which runs the magazine, for a tweet that arguably was a joke. Another judge questioned whether the NLRB should have taken the case based on an initial charge that was filed by a person ...