Court Curbs the Speech of Public Employees
[...]
"When a citizen enters government service, the citizen by necessity must accept certain limitations on his or her freedom," said Justice Anthony M. Kennedy, rejecting a lawsuit brought by a Los Angeles County prosecutor.
Lawyers for government whistle-blowers denounced the ruling as a major setback. They said it could threaten public health and safety. Public sector hospital workers who know of dangers may be discouraged from revealing them, while police and public employees may be dissuaded from exposing corruption, they said.
"In an era of excessive government secrecy, the court has made it easier to engage in a government coverup by discouraging internal whistle-blowing," said Steven Shapiro, legal director for the American Civil Liberties Union.
[...]
The court's newest justice, Samuel A. Alito Jr., cast a crucial vote to form the pro-government majority. The justices first heard the case in October, but they apparently were split, 4 to 4, when Justice Sandra Day O'Connor stepped down in February. The case was reargued in March. Also joining Kennedy were Chief Justice John G. Roberts Jr. and Justices Antonin Scalia and Clarence Thomas.
Because Tuesday's decision interprets the 1st Amendment, it applies to all public institutions — including federal and state agencies, public hospitals and public schools and colleges.
"When a citizen enters government service, the citizen by necessity must accept certain limitations on his or her freedom," said Justice Anthony M. Kennedy, rejecting a lawsuit brought by a Los Angeles County prosecutor.
Lawyers for government whistle-blowers denounced the ruling as a major setback. They said it could threaten public health and safety. Public sector hospital workers who know of dangers may be discouraged from revealing them, while police and public employees may be dissuaded from exposing corruption, they said.
"In an era of excessive government secrecy, the court has made it easier to engage in a government coverup by discouraging internal whistle-blowing," said Steven Shapiro, legal director for the American Civil Liberties Union.
[...]
The court's newest justice, Samuel A. Alito Jr., cast a crucial vote to form the pro-government majority. The justices first heard the case in October, but they apparently were split, 4 to 4, when Justice Sandra Day O'Connor stepped down in February. The case was reargued in March. Also joining Kennedy were Chief Justice John G. Roberts Jr. and Justices Antonin Scalia and Clarence Thomas.
Because Tuesday's decision interprets the 1st Amendment, it applies to all public institutions — including federal and state agencies, public hospitals and public schools and colleges.
posted by TheFuriousGourmet | 5:15 AM
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