by emad » Wed Oct 12, 2005 1:32 pm
Top Court Considers Whistleblower Lawsuit <br><br>Wednesday October 12, 2005 4:46 PM<br><br><br>By GINA HOLLAND <br><br>Associated Press Writer <br><br>WASHINGTON (AP) - The Bush administration pressed the Supreme Court on Wednesday for a ruling that would make it harder for government whistleblowers to win lawsuits claiming retaliation. <br><br>Justices seemed conflicted on where to draw the line in protecting the First Amendment speech rights of more than 20 million public employees. <br><br>In a lively hour-long session, justices talked about the importance of preserving the privacy of some government work, like the high court's own deliberations. Though there were also concerns about the concealment of government misconduct. <br><br>``We live in a world where people are leaking things all the time,'' said Justice Stephen Breyer, adding that he was uncomfortable giving government employees blanket protection for things they say. <br><br>Other justices also struggled as they reviewed a lower court ruling in favor of a Los Angeles prosecutor who said he was demoted and denied a promotion for trying to expose a lie by a county sheriff's deputy in a search warrant affidavit. <br><br>Bush administration lawyer Dan Himmelfarb said workers who feel like they've been wrongly punished can file a civil service complaint. He said that government employees are not entitled to free speech coverage for things they say in the scope of their job, like writing a memo. <br><br>Bonnie Robin-Vergeer, the attorney for prosecutor Richard Ceballos, said that about 100 such lawsuits are filed each year and that employees should know they cannot be fired for speaking out when they see wrongdoing. <br><br>The First Amendment protects government workers from being punished for conduct involving a ``public concern'' rather than personal, job-related issues. The court is using this case to clarify the protection. <br><br>Stephen M. Kohn, a leader with the National Whistleblower Center, said that a victory for the government would mean ``whistleblowers who expose waste, fraud and corruption will have less constitutional protection than Ku Klux Klan members who burn crosses on their front lawns.'' <br><br>The case is Garcetti v. Ceballos, 04-473. <br><br><br><br>Wednesday October 12, 2005 4:46 PM<br><br><br>By GINA HOLLAND <br><br>Associated Press Writer <br><br>WASHINGTON (AP) - The Bush administration pressed the Supreme Court on Wednesday for a ruling that would make it harder for government whistleblowers to win lawsuits claiming retaliation. <br><br>Justices seemed conflicted on where to draw the line in protecting the First Amendment speech rights of more than 20 million public employees. <br><br>In a lively hour-long session, justices talked about the importance of preserving the privacy of some government work, like the high court's own deliberations. Though there were also concerns about the concealment of government misconduct. <br><br>``We live in a world where people are leaking things all the time,'' said Justice Stephen Breyer, adding that he was uncomfortable giving government employees blanket protection for things they say. <br><br>Other justices also struggled as they reviewed a lower court ruling in favor of a Los Angeles prosecutor who said he was demoted and denied a promotion for trying to expose a lie by a county sheriff's deputy in a search warrant affidavit. <br><br>Bush administration lawyer Dan Himmelfarb said workers who feel like they've been wrongly punished can file a civil service complaint. He said that government employees are not entitled to free speech coverage for things they say in the scope of their job, like writing a memo. <br><br>Bonnie Robin-Vergeer, the attorney for prosecutor Richard Ceballos, said that about 100 such lawsuits are filed each year and that employees should know they cannot be fired for speaking out when they see wrongdoing. <br><br>The First Amendment protects government workers from being punished for conduct involving a ``public concern'' rather than personal, job-related issues. The court is using this case to clarify the protection. <br><br>Stephen M. Kohn, a leader with the National Whistleblower Center, said that a victory for the government would mean ``whistleblowers who expose waste, fraud and corruption will have less constitutional protection than Ku Klux Klan members who burn crosses on their front lawns.'' <br><br>The case is Garcetti v. Ceballos, 04-473. <br><br><!--EZCODE AUTOLINK START--><a href="http://www.guardian.co.uk/worldlatest/story/0,1280,-5338962,00.html">www.guardian.co.uk/worldl...62,00.html</a><!--EZCODE AUTOLINK END--> <p></p><i></i>
