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By David L., Jr. Hudson

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Extra info for Blogging (Point Counterpoint)

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S. Supreme Court Justice Byron White When a public employee speaks not as a citizen upon matters of public concern, but instead as an employee upon matters only of personal interest, absent the most unusual circumstances, a federal court is not the appropriate forum in which to review the wisdom of a personnel decision taken by a public agency allegedly in reaction to the employee’s behavior. Cf. Bishop v. Wood, supra, at 349–350. Our responsibility is to ensure that citizens are not deprived of fundamental rights by virtue of working for the government; this does not require a grant of immunity for employee grievances not afforded by the First Amendment to those who do not work for the State.

The informative function asserted by representatives of the organized press in the present cases is also performed by lecturers, political pollsters, novelists, academic researchers, and dramatists. S. Court of Appeals for the District of Columbia dealt with this vexing question as well in the case involving Judith Miller, a former journalist for the New York Times. The court examined whether there was a First Amendment–based privilege for journalists to withhold information from government officials.

49 law is the National Labor Relations Act (“NLRA”), which protects certain activities by non-supervisory private sector employees. Specifically, section 7 of the NLRA protects “the right . . to form, join, or assist labor organizations . . ” Employers may not “interfere with, restrain, or coerce employees in the exercise of ” their section 7 rights. 57 Public policy exceptions generally include specific statutes or laws that spell out such an exception. For example, many states have laws that prohibit employers from terminating employees for serving on jury duty or for reporting illegal activities in the workplace.

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