Court says government whistle-blowers are not protected from employer retaliation

Court says government whistle-blowers are not protected from employer retaliation
WASHINGTON - The Supreme Court dealt a blow to whistle-blowers on Tuesday when it ruled that public employees who rat on the misconduct of their higher ups will not be protected against retaliation by them when they return to work. The court voted 5-4 for this decision.

The court's ruling seems to be confined to the workplace, but serious doubts are being raised about the extent to which whistle-blowers might face retaliation for making their findings public. "When a citizen enters government service, the citizen by necessity must accept certain limitations on his or her freedom," said Justice Anthony Kennedy.

This decision rejected the premise of Deputy District Atty. Richard Ceballos, who had brought a lawsuit saying that he was disciplined for writing memos about a police officer who might have lied to obtain a search warrant.

Justice Kennedy said that that Mr Ceballos was doing his duty, which included advising superiors on how to proceed in certain cases. "We hold that when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline," he added. "The First Amendment does not prohibit managerial discipline based on an employee's expressions made pursuant to official responsibilities."

Chief Justice John Roberts and Justices Antonin Scalia Samuel Alito and Clarence Thomas agreed with Kennedy's views, while Justice David Souter and the others dissented. "I would hold that private and public interest in addressing official wrongdoing and threats to health and safety can outweigh the government's stake," wrote Justice Souter.

Meanwhile lawyers who represent government whistle-blowers have denounced the ruling. Said Steven Shapiro, legal director for the American Civil Liberties Union, "In an era of excessive government secrecy, the court has made it easier to engage in a government cover-up by discouraging internal whistle-blowing."