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A Supreme Court Setback for Whistle-Blowers
WASHINGTON, May 30 — The Supreme Court ruled on Tuesday that the Constitution does not protect public employees against retaliation by their supervisors for anything they say in the course of performing their assigned duties.
While the court’s focus in the 5-to-4 decision was on disputes that remain within the workplace, the decision raised questions about the extent to which whistle-blowers who make their complaints public might now face a greater danger of retaliation.
Although several employee groups raised immediate alarms, Justice Anthony M. Kennedy’s majority opinion in fact contained the counterintuitive implication that employees might fare better by speaking out as “citizens” and taking their complaints to the public rather than keeping them within the official chain of command.
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