Tuesday, May 30, 2006

And so the Alitozation of the SCOTUS begins.

Government whistleblowers are fucked.

Today, the Court took that very signifiant step, holding that "when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline." 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.

I was grouchy when I woke up. This doesn't help.