For decades the First Amendment has protected government employees from retaliation when they have spoken out about hidden wrongdoing within public agencies. Frank Serpico may be the best known whistleblower in New York history, but he is just one of hundreds if not thousands of public employees who have courageously stepped forward over the years to reveal serious government misconduct. As the U.S. Supreme Court long ago recognized, because public employees often are in the best position to reveal such misconduct, protecting them from retaliation is essential for assuring government accountability.
Six years ago, however, the Supreme Court added a new hurdle for public employees asserting constitutional protections against retaliation. Since then, the lower courts have expanded on this ruling to the point that the First Amendment rights of public employees are now in serious jeopardy. A case decided last week by the Second Circuitinvolving a police officer who, like Serpico, revealed serious misconduct within the New York City Police Departmentperfectly illustrates this threat.
Marvin Pickering’s Letter
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