:: 6.07.2006 ::
High Court exempts government whistleblowers from 1st Amendment protections
Writing for the court, Justice Anthony Kennedy said employees who speak out while acting in an official capacity essentially forfeit the First Amendment rights they have as citizens, no matter what they say. Chief Justice John Roberts Jr. and Justices Antonin Scalia, Clarence Thomas and Samuel Alito Jr. joined Kennedy's opinion.I guess I'll have to go back and read the Constitution, because I don't remember there being anything in there about public servants being excluded from the First Amendment. Full story in the Detroit Free Press. Link found on JudicialWatch.
In a dissent, Justice David Souter said the court had unnecessarily abandoned its traditional balancing test, which measured the public value of the employee's speech against a government interest in maintaining a disciplined workplace.
:: Deb 5:01 PM :: permalink ::
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