Justices, 5-4, Limit Whistleblower Suits (Alito Breaks Tie, Sides With Conservatives)

New York Times ^ | May 30, 2006

[stephenjohnbanker]

Bump!

[yoe]

That should include retired Generals...........

[gcruse]

This might also have covered the FBI agents who had been trying to get the agency to look into some of the precursors to 9/11. Are you sure stifling whistleblowers is the way you want government to govern? Not me.

[rhombus]

Stand by for the "chilling effect" predictions.

[rarestia]

I completely understand the mentality behind this: CYA for the gubmint, but am I off by saying this is a violation of 1st Amendment freedoms? Shouldn't this be covered in gov't employment policy instead of federal code?

/donsFlameproofSuit

[Petronski]

I don't know, but I'm presuming (and asking):

Roberts
Scalia
Thomas
Alito
???

[RWR8189]

And it says Kennedy wrote the opinion for the majority.

[rhombus]

Justice Anthony M. Kennedy, writing for the court's majority, said the First Amendment does not protect "every statement a public employee makes in the course of doing his or her job."

[gcruse]

No need to predict anything. How did we find out about the Clintons going through FBI records looking for dirt? That's right. Whistleblower. The First Felons would have loved this decision.

[Petronski]

Kennedy wrote for the Majority, presumably:

Roberts
Kennedy
Scalia
Thomas
Alito

[Just mythoughts]

Toooooo bad the leaking elected Congress creatures are not required to "whistleblow" by the same rules.

[Petronski]

Thanks. It was right in front of me.


Maxwell House don't fail me now!

[Petronski]

KENNEDY, J., delivered the opinion of the Court, in which ROBERTS,
C. J., and SCALIA, THOMAS, and ALITO, JJ., joined. STEVENS, J., filed a dissenting opinion. SOUTER, J., filed a dissenting opinion, in which STEVENS and GINSBURG, JJ., joined. BREYER, J., filed a dissenting opinion.

[rhombus]

No prob. I was surprised at the Kennedy vote.

[b4its2late]

Notice how the slimes gets O'Connor's name in the article.... Still crying a river.

[rhombus]

Did the whistelbowers you cited in the FBI records case sue the "First Felons"?

[blitzgig]

Roberts and Alito must have done a good job persuading Kennedy. Hopefully that will happen more often.

Glad to see limits on those "whistleblowers" divulging our national security secrets and undermining the war on terror.

BTTT!

[Petronski]

Held: When public employees make statements pursuant to their official duties, they are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline. Pp. 5–14.

Opinion available here (pdf)

[gcruse]

Ah, it's in the suing. You're right. This is a tangent from the real problem of opaque governing.