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High Court Trims Whistleblower Rights

iminplaya writes "In yet another blow against free speech rights, the Supreme Court decided that government employees who report wrongdoing do not enjoy 1st Amendment rights while on the job. From the article 'The Supreme Court scaled back protections for government workers who blow the whistle on official misconduct Tuesday, a 5-4 decision in which new Justice Samuel Alito cast the deciding vote [...] The ruling was perhaps the clearest sign yet of the Supreme Court's shift with the departure of moderate Justice Sandra Day O'Connor and the arrival of Alito. [...] Stephen Kohn, chairman of the National Whistleblower Center, said: "The ruling is a victory for every crooked politician in the United States."'"

6 of 718 comments (clear)

  1. The real shame by sxltrex · · Score: 5, Insightful

    The real shame of the Bush regime isn't all the crap he's pulled during his presidency. The real shame, as demonstrated by this latest attack on our "inalienable rights, " is that it's going to take us at least 20 years to undo the damage. I still can't believe we had the opportunity to say goodbye after the first four years but brought him back for four more.

  2. Headline Is A Little Misleading by spirality · · Score: 5, Insightful

    You would think it was the end of the world by the headline. From what I understood of the article government employees should behave like private sector employees. That is, if I shoot my mouth off at work I might get fired. This seems like a no brainer. The speech seems to directly relate to what is said at work, not what is said in public about work. Big difference.

    The thing about free speech is this. Your words have consequences, which might include you losing your job. There is no first amendment guarantee to others not taking action against you because of your words.

  3. Re:Unfortunate by Jason1729 · · Score: 5, Insightful

    You have no idea what the word "communist" means. Why don't you go look it up?

    The US is moving towards a police state, which China, to a large degree, already is. The US is more capitalistc than ever (capitalism is the opposite of communism).

  4. Article summary is flamebait by SuperKendall · · Score: 5, Insightful

    From the article, stripping away the spin and leaving in what Kennedy actually said:


    "We reject, however, the notion that the First Amendment shields from discipline the expressions employees make pursuant to their professional duties," Kennedy said. ....
    Kennedy said if the superiors thought the memo was inflammatory, they had the authority to punish him.

    "Official communications have official consequences, creating a need for substantive consistency and clarity. Supervisors must ensure that their employees' official communications are accurate, demonstrate sound judgment, and promote the employer's mission," Kennedy wrote. .....
    Kennedy said that government workers "retain the prospect of constitutional protection for their contributions to the civic discourse." They do not, Kennedy said, have "a right to perform their jobs however they see fit."


    Should government workers really be able to pass around accusatory memos with no ability to be fired? I thought it was already enough of a joke that if you worked for the government you were in for life. Do we not want government employees to be accountable for what they say if it is false?

    Speech will still be protected if it is truly whistleblowing, and not just bitching.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  5. Re:America is changing.... by nick+this · · Score: 5, Insightful

    Bullshit.

    You don't have to be young and inexperienced to be idealistic. Having high ideals and living up to them is harder when you are grown up and experience the real world, but it can be done. Only lazy and intellectually dishonest people do things that are morally/ethically/idealistically wrong and blame it on "the real world".

    To let America slide from a beacon of hope in the world to a distrusted mad dog because it's too hard to do the right thing is frankly disgusting.

    Or so I believe.

  6. Re:Tell this to the thousands of dead by misanthrope101 · · Score: 5, Insightful
    I agree completely. This is one of the darkest periods of American history, probably the darkest since Jim Crow. We have the President waffling on the definition of torture, claiming the authority to imprison an American citizen indefinitely without charges, claiming the authority to nullify any law he wants, repudiating the separation of powers/checks and balances system, etc. We have secret US-run prisons scattered around the world, into which people are "disappeared" off the street, tortured, and even if they are released later, no raparations are made of any kind. We have the declaration of permanent war (but without the declaration of war demanded by the Constitution), the suspension of the rule of law, and once again, a government (and largely a population) that is condoning what would obviously be called torture if we weren't the ones doing it. We won't just "bounce back" from this like we might repair the economy, and even that is looking doubtful with the skyrocketing national debt. This is pretty damned horrible.

    And no, I'm not blaming Bush exclusively--he's just one man. The Americans as a whole let this crap happen because they're too freaking stupid to realize that an omnipotent government isn't a safe thing to have. They're too caught up in the fist-pumping "kick-ass!" feeling they get from watching Fox news that they're just pouring our hard-won freedom down the drain. I don't think what drove them to this was 100% fear--people weren't scared so much as pissed off that anyone would have the nerve to do this to us. Considering we have the attention span of gnats and the analytic ability of same, I'm not surprised that we attacked the wrong freaking country and got ourselves eyeballs-deep into this. We're making MORE terrorists, not fewer. Christ!

    Even aside from gutting civil liberties, abandoning the rule of law, the balkanization of public discourse, sanctioning and practice of torture, a skyrocketing national debt, we're making the terrorism situation worse! It's making sense why Iran endorsed President Bush in his re-election campaign. By destabilizing the entire region he has helped the Islamicists. Taliban for everyone! Wonderful. I'm so proud.