Subsequent Developments
In a telephone interview with the San Francisco Chronicle Ceballos said "it puts your average government employee in one heck of a predicament ... I think government employees will be more inclined to keep quiet."
At the blog Balkinization, guest writer Marty Lederman had an extensive review of the decision, followed by a general analysis by blog owner Jack Balkin.
The outcry among whistle-blower advocates and First Amendment advocates was particularly extensive. Whistleblower lawyer Stephen M. Kohn called the ruling "the single biggest setback for whistleblowers in the courts in the past 25 years." Under the ruling, Kohn says, public employees—all 22 million of them—have no First Amendment rights when they are acting in an official capacity, and in many cases are not protected against retaliation. Kohn estimates that "no less than 90 percent of all whistleblowers will lose their cases on the basis of this decision."
Read more about this topic: Garcetti V. Ceballos
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