Posted on 05/30/2006 8:18:39 AM PDT by RWR8189
WASHINGTON -- The Supreme Court on Tuesday made it harder for government employees to file lawsuits claiming they were retaliated against for going public with allegations of official misconduct.
By a 5-4 vote, justices said the nation's 20 million public employees do not have carte blanche free speech rights to disclose government's inner-workings. New Justice Samuel Alito cast the tie-breaking vote.
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."
The decision came after the case was argued twice this term, once before Justice Sandra Day O'Connor retired in January, and again after her successor, Alito, joined the bench.
The ruling sided with the Los Angeles District Attorney's office, which appealed an appellate court ruling which held that prosecutor Richard Ceballos was constitutionally protected when he wrote a memo questioning whether a county sheriff's deputy had lied in a search warrant affidavit.
Ceballos had filed a lawsuit claiming he was demoted and denied a promotion for trying to expose the lie.
(Excerpt) Read more at nytimes.com ...
These are not the droids you are looking for...
>>The ruling sided with the Los Angeles District Attorney's office, which appealed an appellate court ruling which held that prosecutor Richard Ceballos was constitutionally protected when he wrote a memo questioning whether a county sheriff's deputy had lied in a search warrant affidavit.<<
That is exactly the kind of thing whistle blowers should be able to expose.
I was thinking more about the "weak minded fool" (or something to that effect) line from Jabba later on.
If you go public and blow the whistle on your private employer, you're going to get fired, too. All this does is say that the government may also fire you and you can't sue over it.
Besides, after basically knifing everyone else at your company in the back (whether it was justified or not), continuing to work there is usually not a good idea. When you go public, your career is over at wherever you work whether you want it to be or not.
He was protected - he can't be sued. But the employer still has the right to fire him.
You've never been a whistleblower, obviously. I have; and you *really* shouldn't continue to work for the same company after you do so.
Ping A Ling
Oh happy days.. NOW lets begin the prosecution of the CIA and congressional leaks on the NSA terrorist eavesdropping issue...
Hange em high judge.
BTW, that was sarcasm (look for it to be a left talking point). Kennedy too easily persuaded.
Stifling the ability to raise issues and limiting certain law suits are two vastly different issues.
It doesn't say no one can speak up .. it says that not "every statement" made is protected
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."
There are certain procedures to follow when speaking out about something under the whistleblower protection laws
So Alito helps those trying to coverup the Clinton wrongdoings. No wonder the government is corrupt. It's dangerous to report any wrongdoing. (It was when I worked in a government-funded establishment. Complaints, reoports of illegal activity, etc., were grounds for dismissal.)
Thanks...good news.
(And thank you, President Bush)
It's actually easy. One just reports evidence of wrongdoing by the higher-ups. It's rather risky to report safety or security violations by the bosses.
GOOD DECISION!!!!!!!!!!!!!
>>You've never been a whistleblower, obviously. I have; and you *really* shouldn't continue to work for the same company after you do so.<<
I can certainly see how you would feel that way.
It seems to me though, that the government should be different than a company - a company can be ended by scandal, its owners can be punished in the market place but the government always continues and the people who are punished are we the people.
I suspect the practical effect of this ruling will be that at all levels of government, people who want to use the power of government to abuse others will feel empowered.
"So Alito helps those trying to coverup the Clinton wrongdoings"
No, the GOP (perennial cowards) could have DESTROYED the Clintons, but as usual, helped them cover everything up. The Daddy(revenue enhancers) Bush got married to Bill Clinton, which helped bill and his legacy look legitimate This helped to complete the GOP self- castration.
Yes you are. The Supremes have voted!
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