Supreme Court limits protections for government whistleblowers

[951-Riverside]

WASHINGTON - The Supreme Court made life a bit tougher for government whistleblowers Tuesday, saying the First Amendment doesn't protect public employees who disclose waste and fraud as part of their jobs.

By a 5-4 margin, the justices said that the government's interest in effectively managing operations outweighs the interests that protect employee speech, even in cases where employees may be reporting inefficiencies or wrongdoing.

The ruling leaves public employees - about 20 million at the local, state and federal levels - significantly more prone to retaliation from their employers if they speak out in ways that displease their bosses.

In a departure from previous court rulings, Tuesday's decision focused on the role that employees play when whistle-blowing, rather than the content of their speech. 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.

Kennedy's opinion was joined by Chief Justice John G. Roberts Jr., and justices Antonin Scalia, Clarence Thomas and Samuel Alito Jr.

In a dissent, Justice David Souter...(More)

http://www.mercurynews.com/mld/mercurynews/news/politics/14700962.htm

[DBoon]

1. Now which part of the constitution

protects the right of government to "effectively manage operations"?