Think Progress

Supreme Court rules against gov’t whistleblowers.

“The Supreme Court on Tuesday made it harder for government employees to file lawsuits claiming they were retaliated against for going public with allegations of official misconduct,” the AP reports. By a 5-4 vote, justices ruled “that the First Amendment does not provide protection for comments that a public employee makes in the course of performing regular duties, even if the comments alleged public corruption or government wrongdoing.” Justice Samuel Alito cast the tie-breaking vote.

UPDATE: More on the ruling from SCOTUSBlog: “This apparently 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.”



52 Responses to “Supreme Court rules against gov’t whistleblowers.”

  1. RacingTowardTheStoneAge says:

  2. Beyond "unsettled" says:

  3. zmark says:

    And so it begins…


  4. Burgman says:

    The ever-growing Police State


  5. Albert says:

    Witness the death of effective government and the birth of the American kleptocracy. The neocons will make this a “third-world” country yet.


  6. unbelievable says:

    Bush got what he paid for – henchmen.


  7. Badmoodman says:

    Justice Samuel Alito cast the tie-breaking vote – - At least Bushie got one Mission Accomplished.


  8. RyanT says:

    Just when I thought Roberts might surpise us and be independent, on the issues most closely dividing the court, he sides with the court’s right wingers. I will note that earlier this year he dissented from justices Scalia and Thomas.

    Overall, Roberts has done a good job thus far (and it is VERY early in his tenure) at fostering collegiality with narrow rulings all can agree with. This was NOT one of them. Let’s hope this is not a start of a trend. The plethora of high profile rulings over the next month will give us a better idea of what to expect from the Roberts court.

    PS: Alito was the deciding vote


  9. kindness says:

    King dumbya loves the smell of totalitarianism in the morning…..

    Apparently, the bootlicks at the Supreme Court agree.


  10. Count 'em says:

    Where’s that list of Democrats who voted for Alito?


  11. big papa says:

    Evidence of the imperial presidency and demise of American democracy are far too numerous for even the most ardent of Bushite sycophants and worshippers to ignore:

    signing statements…where Bush reserves the right to ignore legislation passed by Congress, and that he signs into law

    lying to get us into war the war… with NO credible congressional investigation (stalled by Kansas TRAITOR Pat Roberts), budget oversight (emergency supplementals, halliburton fraud et. al,) and torture and rendition…

    NSA (domestic) wiretapping… ignoring FISA

    …and now the Capitol Office Building raid…

    The Supreme Court is a wholly owned subsidiary of the Republiscum right wing and TREASONOUS Bush White House…

    …and the people have no champions…


  12. Just plain mad says:

    This country has been slaughtering people around the world for over a century, (genocide if you include indigenous people). Yet, I don’t here much from his camp about providing the honest, gut wrenching history of how this country, while keeping their own fat and happy, has gone on a campaign to expand the empire since annexation of Hawaii and the slaughter of innocents an creating of puppet governments since Spanish-American war (remember the Maine!). This is just one of many topics that any media refuse to expose with the exception of Bill Moyers.

    There is no truth in media about the affects National Security Act of 1947 has had on the world, from the US running 3/4s of the world drug trade, regime change, support of installed puppet dictators and the killing of our own and razing entire countries. Ralph Mcgehee knows , as he was in the CIA for 25 years, but only Moyers has given him time (see http://www.serendipity.li/cia.html). There are several Ralph Mcgehee out there but none are supported by our media at any level. Since the creation of the NSA the US has been using banks, corporations, the NSA and the military to suck the economic life out of countries, kill “enemies” of capitalism by all means possible, and even kill our own to create chaos in an area marked for regime change.

    How they do it:

    1: get desired country hooked on money
    Using economic hit men from large corporations and banks, promise funds to build up country for capitalism from IMF, World Bank, other banks and corporate financing. Once established, tell country that credit is bad and jack up interest rates and force monetary and idealogical concessions.

    2: create Chaos from small armed sqirmishes to death squads that are financed, armed and trained by NSA (CIA and Defense special/black ops). NSA will start the slaughter to bring about ethnic tension through confusing killings, torture… Later, the US psychopaths will have trained local military/police units made up of the countries worst killer and ratchet up the killing.

    3: add military operations to armed, divide and conquer chaos. If necessary, the military will make their presence on the ground and possibly permanent. Expect all illegal weapons use from cluster bombs, defoliation agents and napalm as well as new weapons of mass suffering such as depleted uranium, smaller cluster grenades…

    Some people are shocked at what has happened and some don’t think it is possible for the US to do so. However, any conflict that has involved the US has followed the same pattern for over a half a century. I would recommend to people to read what the structure of the National Security Act has done to the checks and balances of America and research what this group does.

    The US knew damn well 9/11 was coming. Our leadership created the group we identify as freedom fighters back in the 1980s and primed it with over $5 billion, training and weapons. Does anyone with a brain think that the US wasn’t keeping tabs on a group that we had financed and armed to the teeth?

    America’s leadership across the board has been moving toward the corporate control of world resources. If one want to know how expansive the American empire is, another excellent article listing US military occupation of other nations can be found on CounterPunch “America, Love It or Leave It” by Ben Tripp at http://www.counterpunch.org/tripp05202006.html. The US, in the minds of the corporate, military and government elite, is a nation of manifest destiny which is a far cry from the principles on which this nation was founded.


  13. Sharon Cox says:

    And what color are the stars we have to wear on our chests.? What the hell is happening to our country and why are the american public dozing while this mad dog government heats up ovens to march us all into…..Shit. I am so mad I am SCREAMING…..It’s gone and only a revolution will bring it back….. We need more than Blessings, we need a national intervention….


  14. Zookeeper says:

    This is some scary shit. The death of our democracy began on September 12, 2001, now the downhill slide has become steeper. Terrifying…


  15. Just plain mad says:

    US not even close to a transparent government

    The representative republic that once was, is no more. The US has died in all branches of government now. The US is a secret state that is bordering on the level of Stalin’s USSR, as this country is just beginning to eat it’s own, but for 6 decades, has been dining on the wealth and resources of other nations. The US is a neo-colonial empire. It has a powerful military presence on more that 100 nations and at least, a military capability everywhere it has an “embassy”. Colin Powell may be the greatest ass when he stated that the US doesn’t take over nations. It just hasn’t done it the old way. I’m sure that these bastards that sit on the bench also won’t allow the disclosure of the American Narcotics operations, Death Squads, Economic pillaging of nations and, of course, the use of pre-emptive strikes against nations that have never done anything against this country. This is one putrid beast that needs a lot of cleaning up.


  16. Count 'em says:

    “In this confirmation, 54 Republicans voted for Judge Alito, and just one, Senator Lincoln Chafee of Rhode Island, voted against him. Only four Democrats — Senators Ben Nelson of Nebraska, Kent Conrad of North Dakota, Tim Johnson of South Dakota and Robert C. Byrd of West Virginia — voted for confirmation, while the other 40 Democrats and the one independent voted against it.”

    Byrd voted for Alito. 88 year old Byrd. He wanted to keep his job so he stuck it to you and me. And that freakin’ rug-wearing Nelson.


  17. Flamethrower says:

    Tank you, Gang of 14 Losers


  18. Sharon Cox says:

    Just voting out all the bad guys and enablers like sen. Byrd are not going to do it. It’s time for the pitch forks and educating the public….


  19. Drew Mackenzie says:

    Someone remind me again why republican voters were ‘afraid’ of Kerry…?


  20. bones says:

    This does two things – greases the skids to undermine all free speech by expanding into speech outside of work, speech after retirement from a government job, any speech that disagrees with the government position. And second, it forces whistleblowers underground – instead of an open government that can stand up to scrutiny, now you’ll get a call from a payphone on where to pickup the evidence like Deep Throat.


  21. Citizen80203 says:

    Now we are starting see the SCOTUS payoff, just wait until the “Unitary Executive” challenges reach the robes and are given legitimacy.


  22. John says:

    Off topic…yet not. In the very conservative,church-going,patriotic area that I live in I noticed the least amount American Flags flying, by far,on Memorial day than I have ever seen in all my 48 years.


  23. G.W.SuperChrist says:

    Justice Samuel Alito cast the tie-breaking vote.

    This is a silly statement!

    Five justices voted for this change: Kennedy, Scalia, Thomas, Roberts, Alito… any of the five could have reversed the decision by voting differently.

    They are all equally responible for the promotion of this police state!


  24. bb says:

    why is it taking so long for the trolls to get their talking points on this?


  25. H. Billy says:

    # 19 wyun Kerry, he wuz goin’ to take our guns, hitch-up them homosexuals, separate our church’n state and kiss up to them towel head terrarists.


  26. GSD says:

    The bird of democracy flew the coop when the Supreme Court gave the election in 2000 to George W. Bush, The Great Decider.

    We are now witnessing the slow walk-back away from constitutional rights, human rights and any individual rights not related to corporations.

    A nice fascist corporatetocracy.

    Heckuva job.

    -GSD


  27. Cloak & Swagger says:

    Well, there they go, cutting off step #9 in this article’s http://www.alternet.org/story/36553/
    TOP 10 SIGNS OF AN IMPENDING POLICE STATE.


  28. EconAtheist says:

    #23 -

    Ya took the words right out of my mouth.


  29. lib4 says:

    Is this even America anymore……punishing whistleblowers…are you kidding me???

    Thank you spineless DEMS that voted against cloture for this candidate….also included Snowe-R and Chafee-R

    Tnaks again for selling the rights of citizens down the river….thanks


  30. Massachusetts Liberal says:

    Great comments by everybody, esp. #12 & #15. Sharon (#13)—-I like your phrase “national intervention”. It’s a good way to frame what the progressives need to do to save the republic.


  31. Spudge_Boy says:

    Justice Samuel Alito cast the tie-breaking vote.

    G.W.SuperChrist and EconAtheist. The vote was cast and tied 4 to 4. Alito came into the cambers and broke the tie. It’s all about the Alito, in this case.


  32. Gerald Gibson says:

    Leak anyway. Oops I left my brief case on the bench … If there is corruption going on dont let them hide it. Everyone knows that America is about the PEOPLE not the government. An honest people CAN succeed and be #1 in the world. Cheaters were winners in school while good people lost out… we have all seen it. And those of us that have studied history knows that when this becomes institutionalized into a society it is BAD news for THE PEOPLE. This spoilt, just do it, be a winner at all costs even the expense of others, BS attitude has been getting worse and worse in America. Truth blows it out of the water however… unless it becomes ingrained into our society…


  33. Zookeeper says:

    #31 – Ok, now that statement makes sense. That’s what the boy was hired to do. Aren’t we lucky…?


  34. Zookeeper says:

    #32 – I think this will be the way of it, Gerald. If the whistle needs blowing, it will get done. If they had done this soon after 9/11, it would be more fully ingrained into our society, but they didn’t, thank goodness.


  35. nostrafarious says:

    his is some scary shit. The death of our democracy began on September 12, 2001

    No, the death of democracy occurred on December 12, 2000 when the Supreme Court illegally handed the presidency to Bush.


  36. Rosencrantz says:

    How can this decision be legal or ethical? Government officials are employees of the American people and as such they should report the facts and truth to the people that pay their salaries. As far as I’m concerned this SCOTUS decision is the equivalent of legalizing FRAUD.

    The government works for the citizens and answers to the citizens…not the other way around.


  37. Solitaire says:

    Yes, I agree Zookeeper and GG, the leaks will happen anyway because educated people know fascism is the downfall of the country, they will speak anyway. Sure, it will hurt them. But we still have real patriots around who will speak out, I believe that.
    So there are five fools on the court who voted to silence truth. The whole truth will be known, eventually. Then let them try to stop a nation of armed patriots from settling the score.


  38. Zookeeper says:

    #35 – I believe you are correct, nostrafarious. Makes it even worse, doesn’t it?


  39. Clyde the Ripper says:

    Score one for the terrorists! How can we win the war on terrorism if we are the terrorists. Terrorism is described as an action designed to disrupt the normal way of doing things by violence or the threat of same. Not only is the Bushco quilty of terrorists acts in Iraq, et al, it is just as guilty of terrorism here in our own Country. We will have a chance in November to begin the end of the Culture of Corruption. We must win or forget freedom as this Country has known it for over 200 years. Bush has just flipped off almost every President before him. Even Nixon and LBJ had more credibility than the fraud claiming office now.

    Click on Clyde to bash on Bush!


  40. qf2Canuck says:

    what else do you need to realize what is happening in the beautiful America?
    It’s time for the People in the United States to wake up…

    “Those who would sacrifice liberty for security deserve neither”
    Benjamin franklin

    http://www.freedomtofascism.com/


  41. Ardee says:

    We’re really f’d now…


  42. Marie says:

    Do we need further proof that Bush&Co carefully planned how to stack the SCOTUS?
    When the Supremes agree to dismiss the Constitution for political reasons, it is truly a situation FUBAR.


  43. Marie says:

    Just Plain Mad
    Good comments today — I agree entirely. And I join you in being so mad I want to spit.


  44. MissM’s Test Blog » Blog Archive » Think Progress » Supreme Court rules against gov’t whistleblowers. says:

    [...] Think Progress » Supreme Court rules against gov’t whistleblowers. [...]


  45. theswan says:

    Congress has been officially neutered. Their totally irrelevant and I suspect they will remain totally quiet. Maybe they should come off the payroll. Their wooses. Just be glad your not in the military so you can join the revolution on the side of Patriots.


  46. theswan says:

    Congress has been officially neutered. Their totally irrelevant and I suspect they will remain totally quiet. Maybe they should come off the payroll. Their wooses. Just be glad your not in the military so you can join the revolution on the side of Patriots.


  47. Mason Jahr says:

    A fitting ruling. I must say that the comments in oppositon lead one to conclude that the country is chock full of folks who are barking mad. Supreme Court…Faster please.


  48. Just plain mad says:

    In the Secret State of America, what happens in DC, stays in DC.


  49. Spudge_Boy says:

    A fitting ruling. I must say that the comments in oppositon lead one to conclude that the country is chock full of folks who are barking mad. Supreme Court…Faster please.

    And your comment in favor leads one to believe that the country is also chock full of anti-American people who don’t want any rights.


  50. Kiwi says:

    Believe it or not, this is no BFD. I was the first whistleblower in the United States to test the Whistleblower Protection Act after is was passed in 1989. I was “terminated” by the US Forest Service for exposing rigged computer models that allowed them to rape, pillage and plunder the forests of the western US. After years of legal bullsh*t, I was forced to accept an out of court settlement that amazingly was the exact amount that I owed my three worthless attorneys. End result: I lost the career as a hydrologist I had worked so hard to earn, I was blacklisted by the US government and was never able to work in my field again (in the US), and I ended up without one single dime out of the whole affair. (Of course, it doesn’t pay to be first some times. This was before the days of million dollar book deals for exposing fraud in government and then being fired.) You can ask the people at the Government Accountability Project who worked to get the law passed; in the 16 years since it was enacted, not one single person has been protected from persecution and retaliation for exposing waste, fraud and abuse. All have lost their jobs, or worse. I eventually immigrated to New Zealand and now work as a hydrologist for a quasi-governmental organisation doing hydrologic research. I immigrated right after Bush was “selected” for a second term. Go figure.


  51. Briseadh na Faire says:

    #23 –

    Justice Samuel Alito cast the tie-breaking vote.

    This is a silly statement!

    Five justices voted for this change: Kennedy, Scalia, Thomas, Roberts, Alito… any of the five could have reversed the decision by voting differently.

    They are all equally responible for the promotion of this police state!

    Comment by G.W.SuperChrist

    The initial vote was 5-4 infavor of the prosecutor who suffered the retaliation. Then Justice O’Connor retired before the decision. That left the vote 4-4. The Supreme Court re-heard the arguments with Alito on board. So, Alito did cast the tie-breaking vote.


  52. Justice Perverted | Akkam's Razor says:

    [...] the Don Siegelman Case, Presidential War Powers, Spying, weakening of whistleblower protections (to be fair, by the Supreme Court), Civil Rights, the destruction of the CIA tapes, Executive Authority, and many others that escape [...]



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