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 coverup by discouraging internal whistle-blowing." Alito cast the crucial vote, breaking 4-4 tie, but leaves loophole - you're still shielded by the 1st Amendment if, acting as a citizen (rather than as an employee) you took your complaints to a newspaper or to a state legislator.
http://www.latimes.com/news/nationworld/nation/la-na-scotus31may31,0,1570961.story?track=tottextCourt Curbs the Speech of Public Employees
Justices rule that the 1st Amendment doesn't shield public-sector whistle-blowers.
By David G. Savage
Times Staff Writer
May 31, 2006
WASHINGTON — The Supreme Court on Tuesday restricted the free-speech rights of the nation's 21 million public employees, ruling that the 1st Amendment does not protect them from being punished for complaining to their managers about possible wrongdoing.
Although government employees have the same rights as other citizens to speak out on controversies of the day, they do not have the right to speak freely inside their offices on matters related to "their official duties," the high court said in a 5-4 decision.
"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.<snip>
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