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InvisibleAnnapurna1
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closed govt is now a reality...
    #5691130 - 05/30/06 03:43 PM (17 years, 7 months ago)

thats not what the article below says..but that meaning is very clear ..

URL: http://www.aclu.org/natsec/gen/25707prs20060530.html

Quote:

ACLU Denounces Supreme Court Ruling in Whistleblower Case (5/30/2006)

FOR IMMEDIATE RELEASE
CONTACT: media@aclu.org

Public Employees' Right to Expose Misconduct Should be Preserved, ACLU Says

WASHINGTON -- The American Civil Liberties Union criticized a ruling by the Supreme Court today that First Amendment protections do not apply to public employees who report government misconduct. The ACLU said the ruling seriously undermines the rights of whistleblowers who risk their careers to protect the public interest.

"Public employees should be encouraged to report misconduct," said Peter Eliasberg, Manheim Family Attorney for First Amendment Rights at the ACLU of Southern California. "This opinion does the opposite and can only cause government employees who are weighing whether or not to expose wrongdoing to decide to remain silent for fear of losing their jobs."

In October, the ACLU submitted a friend-of-the-court brief in the case, Garcetti v. Ceballos, on behalf of public employees' First Amendment rights to expose corruption on the job. The Supreme Court ruled against Ceballos in a 5-4 vote Tuesday.

In his dissent, Justice David Souter wrote: "Open speech by a private citizen on a matter of public importance lies at the heart of expression subject to protection by the First Amendment."

The ACLU said that the decision effectively bars public employees from reporting misconduct to their supervisors or within the chain of command, but does not keep them from reporting such incidents to the media.

"In an age of excessive government secrecy, the Supreme Court has made it easier to engage in a government cover-up by discouraging internal whistleblowing," said Steven Shapiro, ACLU National Legal Director.

The case was originally filed in federal court in Los Angeles in March 2000 and centers around an attempt by Richard Ceballos, a Deputy District Attorney in the Los Angeles County District Attorney's Office, to expose police misconduct. While working on a criminal case, Ceballos wrote a memo to his supervisors saying that he believed a deputy sheriff had falsified an affidavit used to obtain a search warrant in the case. His superiors decided to proceed with the prosecution. After Ceballos informed the defense counsel about his findings, he was subpoenaed to testify at a hearing to dismiss the case. The judge denied the motion and Ceballos was removed from the prosecution's team.

Ceballos said his removal from the prosecution for reporting his concerns to his supervisors was the first of many acts of retaliation for his whistleblowing: He was denied a promotion, demoted to the rank of trial deputy and transferred from Pomona to the El Monte branch of the District Attorney's office.

Justice Samuel Alito cast the tie-breaking vote after the case was argued twice, once before Justice Sandra Day O'Connor and again after Justice Alito joined the bench.




EDIT ..the text of the ruling is available at ..

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=04-473

Quote:

Exposing governmental inefficiency and misconduct is a matter of considerable significance. As the Court noted in Connick, public employers should, "as a matter of good judgment," be "receptive to constructive criticism offered by their employees." 461 U. S., at 149. The dictates of sound judgment are reinforced by the powerful network of legislative enactments--such as whistle-blower protection laws and labor codes--available to those who seek to expose wrongdoing. See, e.g., 5 U. S. C. §2302(b)(8); Cal. Govt. Code Ann. §8547.8 (West 2005); Cal. Lab. Code Ann. §1102.5 (West Supp. 2006). Cases involving government attorneys implicate additional safeguards in the form of, for example, rules of conduct and constitutional obligations apart from the First Amendment. See, e.g., Cal. Rule Prof. Conduct 5-110 (2005) ("A member in government service shall not institute or cause to be instituted criminal charges when the member knows or should know that the charges are not supported by probable cause"); Brady v. Maryland, 373 U. S. 83 (1963). These imperatives, as well as obligations arising from any other applicable constitutional provisions and mandates of the criminal and civil laws, protect employees and provide checks on supervisors who would order unlawful or otherwise inappropriate actions.

We reject, however, the notion that the First Amendment shields from discipline the expressions employees make pursuant to their professional duties. Our precedents do not support the existence of a constitutional cause of action behind every statement a public employee makes in the course of doing his or her job.




in other words..the whistleblowing shield laws still hold..except in cases where the whistle might actually be blown.. in the case of the US govt..that means closed govt...this ruling goes from beyond simple orwellian doublespeak to a direct insult to the readers' intelligence...


Edited by Annapurna1 (05/30/06 04:00 PM)


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OfflineRedstorm
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Re: closed govt is now a reality... [Re: Annapurna1]
    #5691151 - 05/30/06 03:48 PM (17 years, 7 months ago)

I must say that is a bit worrisome.


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InvisibleTheDude
is waiting forthe peak

Registered: 04/15/03
Posts: 2,876
Re: closed govt is now a reality... [Re: Annapurna1]
    #5692407 - 05/30/06 08:30 PM (17 years, 7 months ago)

I made a thread a few months ago called National Security Whistleblowers and Retaliation .  Some vital issues were brought to light by the whistleblowers (such as Richard Levenier regarding ineffective security at nuclear facilities) yet these individuals had been subsequently punished for their actions.  It was already tough enough being a whistleblower, regardless of how important the information proved to be.  Now it seems like its only getting worse...

"The ACLU said that the decision effectively bars public employees from reporting misconduct to their supervisors or within the chain of command, but does not keep them from reporting such incidents to the media."

At least we have the media to turn to:rolleyes:


--------------------
"this lebowski he called himself 'the dude'. now, 'dude', that's a name no one would self-apply where i come from but there was a lot about the dude that didn't make sense to me...."--the Stranger


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Offlinemakaveli8x8
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Re: closed govt is now a reality... [Re: TheDude]
    #5692546 - 05/30/06 09:03 PM (17 years, 7 months ago)

sounds a bit creepy, they dont care about media but its wrong to report to supervisor wtf?

only reason i can see them wanting to do that and this is far out there, but purhaps so that they have reason to fire them then? they just say hey why didn't you come to us?

lastly media is ruled by gov....so any whisle blowers won't ever reach the media...well it won't reach public anyways.


--------------------
We were sent to hell for eternity :hellfire: Ø:omgawesome:h®
We play on earth to pass the time :foreheadslap:

Over-population the root of all Evil-brings the Elites Closer to the gates.


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OfflineKonnrade
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Re: closed govt is now a reality... [Re: Annapurna1]
    #5693049 - 05/30/06 10:47 PM (17 years, 7 months ago)

This democracy is a peice of shit, I'm thinking it would be wise to move down under.

How is the naturalization process in australia? What is their military like? Could I move there, become a citizen, and serve in their air force?


--------------------

I find your lack of faith disturbing


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InvisibleAnnapurna1
liberal pussy
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Registered: 05/21/02
Posts: 5,646
Loc: innsmouth..MA
Re: closed govt is now a reality... [Re: Konnrade]
    #5693092 - 05/30/06 10:57 PM (17 years, 7 months ago)

from what i understand (and i may be wrong)..if you apply for political asylum in OZ..they lock you up in a haliburton-owned detention centre while your case is pending..and then send you back if your denied asylum...its prolly easier to be an illegal alien in canada...


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"anchor blocks counteract the process of pontiprobation..while omalean globes regulize the pressure"...


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Offlinemakaveli8x8
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Posts: 21,636
Last seen: 7 years, 7 months
Re: closed govt is now a reality... [Re: Annapurna1]
    #5693270 - 05/30/06 11:41 PM (17 years, 7 months ago)

over 50 percent of american's are considered illegal aliens by our own governement soily because of our hobbys.


--------------------
We were sent to hell for eternity :hellfire: Ø:omgawesome:h®
We play on earth to pass the time :foreheadslap:

Over-population the root of all Evil-brings the Elites Closer to the gates.


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