In Mr. Domenech’s case, a third-party interloper has wielded the National Labor Relations Act (NLRA) as a weapon to silence purely political speech with which he disagrees. Particularly in the age of the internet and social media, expanding the NLRA’s definition of “aggrieved party” to include any person, regardless of his or her interest or injury, will chill constitutionally protected speech of employers and employees alike. The Board’s decision should be vacated.
Institute for Free Speech Amicus Brief, United States Third Circuit Court of Appeals (March 29, 2021)