In ruling that the First Amendment prohibits the retaliatory termination of public employees who testify truthfully about public corruption, the Supreme Court in Lane v. Franks1 recently clarified the principles governing the rights of whistleblowers. The unanimous ruling may also undermine settled Second Circuit authority.
While the Supreme Court has long ruled that public employees retain some constitutional rights in the workplace,2 those rights are not co-extensive with those afforded members of the public. As government employers need to efficiently manage their workplaces, the First Amendment only protects employees when they speak out as citizens on matters of public concern.3
‘Garcetti v. Ceballos’
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