Faculty Scholarship 1994 - Present

Garcetti v. Ceballos: Government Workers, Whistleblowing and the First Amendment - Let the Leaks Begin

In Garcetti v. Ceballos (hereinafter referred to as Ceballos), the United States Supreme Court ruled that �when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for the First Amendment purposes, and the Constitution does not insulate their communications from employer discipline. This decision eviscerates First Amendment protection accorded to communications of government workers when their speech is undertaken as part of their regular job responsibilities and restricts government workers who engage in whistleblowing to statutory protections. Because there are more than twenty million public employees and �because public employees by virtue of their access to information and experience regarding the operations, conduct, and policies of government agencies and officials, �are positioned uniquely to contribute to the debate on matters of public concern�� this decision will likely have a significant impact on First Amendment jurisprudence.