Supreme Court scales back whistleblower rights

By EinsteinCMS Administrator

Published on June 02, 2006

On Tuesday, May 30, the high court voted 5-4 to scale back the whistleblower rights of government employees who suspect their superiors of misconduct. Justice Samuel Alito was the deciding vote for the decision.

In what is considered a win for the Bush administration, the justices agreed that public employees do not have free speech protections for what they say in respect to their jobs. The ruling affects about 20 million public employees.

Critics of the ruling believe that there could be a significant impact on employees who fear reprimand for reporting problems with suspected corruption and misconduct. "It's a very frightening signal of dark times ahead," said Tom Devine, legal director for the Government Accountability Project.

Others who support the ruling believe that it will further protect the government from frivilous lawsuits filed by disgrunted workers who hide behind the rights of legitimate whistleblowers.

Justice Alito joined other conservatives on the bench with this decision which split along traditional liberal and conservative lines.

Justice Anthony M. Kennedy wrote the decision for the majority stating, "We reject the notion that the First Amendment shields from discipline the expressions employees make pursuant to their professional duties," Kennedy said.

In another significant move, the decision prompted requests for Congress to strengthen protection for workers.

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Keyword Tags: criminal law, qui tam

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