Monday, May 28, 2018
News Roundup

Whistleblower's testimony is protected, Supreme Court rules

WASHINGTON — The First Amendment protects public employees from job retaliation when they are called to testify in court about official corruption, the Supreme Court ruled Thursday.

The unanimous decision cheered whistleblower advocates, who said it could encourage more government workers to cooperate with prosecutors in public fraud cases without fear of losing their livelihoods.

The justices decided in favor of Edward Lane, a former Alabama community college official who says he was fired after testifying at the criminal fraud trial of a state lawmaker. Lower courts had ruled against Lane, finding that he was testifying as a college employee, not as a citizen.

But Lane won only a partial victory. The high court also ruled the college's former president is immune from damages under laws shielding public officials from lawsuits in their official capacity.

Writing for the court, Justice Sonia Sotomayor said Lane's testimony was constitutionally protected because he was speaking as a citizen on a matter of public concern, even if it covered facts he learned at work.

In past cases, the court has said that public employees generally do not have free-speech rights when they discuss matters learned at their jobs. But Sotomayor said sworn testimony in judicial proceedings "is a quintessential example of speech as a citizen for a simple reason: Anyone who testifies in court bears an obligation, to the court and society at large, to tell the truth."

Sotomayor noted Lane's job responsibilities did not include testifying in court proceedings. She said the court was not addressing whether the ruling would apply to other public workers, such as police officers, who routinely testify in court.

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