Supreme Court to Hear Whistle-Blower Case
The Supreme Court has agreed to hear the case of a proseuctor who was demoted after recommending dismissal of a case because he believed a deputy sheriff had lied on a search warrant affidavit.
At issue is the scope of the First Amendment, which protects government workers from discharge if their conduct involves a "public concern" rather than personal, job-related issues such as salary. The 9th U.S. Circuit Court of Appeals ruled that Ceballos' speech was constitutionally protected and the district attorney's office didn't have immunity from Ceballos' lawsuit.
"When government employees speak about corruption, wrongdoing, misconduct, wastefulness or inefficiency by other government employees, including law enforcement officers, their speech is inherently a matter of public concern," the appeals court stated. "His interest in the speech outweighed the public employer's interest in avoiding inefficiency and disruption," it said.
Garcetti v. Ceballos, 04-473 [link via How Appealing ]
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