The Supreme Court continues to publish decisions that catch the interest of the public. The most recent case involves the issue of public employees and their rights of speech. The case stems from a lawsuit filed by an employee in Alabama who sued his employer for violating his right of free speech because he was fired for giving testimony to a grand jury that identified a fellow employee who was being paid for work not done. The employee was subsequently found guilty and sentenced to 30 months in prison. The whistle blower was then fired from his job.
The Mayor has an intrinsic interest in free speech and limits on that speech, obviously!
The decision was rendered by Justice Sotomayor writing for the majority. The basis of her argument is that an government employee does not give up his or her rights under First Amendment protections when giving testimony while employed. The case arrived at the Court after the 11th Circuit held that a government employee gave up those rights when giving sworn testimony.
The Court decided that if an employees thought they could or would lose their job for giving testimony, the chilling effect would be to damage the public interest and public good by limiting information that is necessary for the function of sound government.
It seems so obvious to the casual observing government employee that whistle blower need these protections.
Nice job Justice Sotomayor, First Amendment protector.
No comments:
Post a Comment