SC: Whistleblower’s 1st Amendment Limited (5-4 decision)

High Court Limits Whistleblower Lawsuits

WASHINGTON D.C. (AP) 30 minutes ago — The Supreme Court made it harder for government employees to file lawsuits claiming they were retaliated against for going public with allegations of official misconduct.

By a 5-4 vote, justices said the nation’s 20 million public employees do not have carte blanche free speech rights to disclose government’s inner-workings. New Justice Samuel Alito cast the tie-breaking vote.

Justice Anthony M. Kennedy, writing for the court’s majority, said the First Amendment does not protect “every statement a public employee makes in the course of doing his or her job.”

The decision came after the case was argued twice this term, once before Justice Sandra Day O’Connor retired in January, and again after her successor, Alito, joined the bench.

The ruling sided with the Los Angeles District Attorney’s office, which appealed an appellate court ruling which held that prosecutor Richard Ceballos was constitutionally protected when he wrote a memo questioning whether a county sheriff’s deputy had lied in a search warrant affidavit.

Ceballos had filed a lawsuit claiming he was demoted and denied a promotion for trying to expose the lie.

Supreme Court Decision