Thursday, October 13, 2005

Whistle Blowing at SCOTUS

Another interesting piece at the court.

Amid a public display of anguish by Justice Anthony M. Kennedy about the "sweeping...intrusive consequences" of broad First Amendment protection for public employees who blow the whistle internally, the Supreme Court on Wednesday explored how to put limits on that kind of speech. It appeared, after a lively hour of argument, that in-the-office memoes or comments seeking to expose official misconduct may get little, if any, constitutional protection against retaliation.
They discuss the arguments at a high level, but the point of the case is:
His case seeks clarification from the Court on the standard to be used when public employee speech is engaged in internally, but deals with a matter of "public concern." That is an issue not resolved by the Court's two most important prior rulings on public employee speech rights -- Pickering v. Board of Education in 1968 and Connick v. Myers in 1983.
The results of this one going to be good to know.


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