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Politics : View from the Center and Left

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From: Suma	5/31/2006 1:07:47 PM
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What do you all think of this decision. I certainly have always been for whistle blowers... i.e. cigarette smoking... Enron debacle.. This decision to me is egregious... JUDICIARY -- SUPREME COURT RULES AGAINST GOVERNMENT WHISTLE BLOWERS: By a 5-4 vote, with new Justice Samuel Alito casting the tie-breaking vote, the Supreme Court yesterday "bolstered the government's power to discipline public employees who make charges of official misconduct, ruling that the First Amendment does not protect those who blow the whistle in the course of their official duties." Civil libertarians and public-employee unions panned the ruling, warning it "could deter government workers from going to their bosses with evidence of corruption or ineptitude." Georgetown Law professor Marty Lederman said the decision "means that employees may be disciplined for their official capacity speech, without any First Amendment scrutiny, and without regard to whether it touches on matters of 'public concern' -- a very significant doctrinal development." The decision "drew a sharp dissent from Justice David H. Souter, who argued that statutory and other protections for whistle-blowers are weak," and that the court should have let lower courts assess free-speech claims relating to public employees' official duties case by case, instead of barring them entirely.

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