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ina
Citizen
Username: Ina
Post Number: 367
Registered: 6-2001
| | Posted on Wednesday, May 31, 2006 - 10:39 am: | 
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http://dailykos.com/storyonly/2006/5/30/184153/403
The crux of the decision:
When public employees make statements pursuant to their official duties, [they] are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline," writes Justice Anthony Kennedy for the majority.
The majority justices drew a distinction between work-related speech and the speech of a concerned citizen.
"When an employee speaks as a citizen addressing a matter of public concern, the First Amendment requires a delicate balancing of the competing interests surrounding the speech and its consequences," Justice Kennedy writes. "When, however, the employee is simply performing his or her job duties, there is no warrant for a similar degree of scrutiny.":
Even worse, wait for Bush to issue an Executive Order or 'Signing Statement' which equates corporations operating under Government Contract as agents of the Government....
Mark my words, here it comes.
In larger terms, the ruling today in the SCOTUS, overturning an opinion in a US Appeals court, sets a new bar, a bar that may be seen by future historians as a crucial tipping point in the corporatization of government.
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MBJ
Citizen
Username: Mbj
Post Number: 221
Registered: 10-2005
| | Posted on Wednesday, May 31, 2006 - 11:40 am: |
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"Mark my words, here it comes."
And when it doesn't come, I'm sure you'll be right here, posting "It looks like I was incorrect, again. Sorry about that".
Right? |
Hoops
Citizen
Username: Hoops
Post Number: 1389
Registered: 10-2004
| | Posted on Wednesday, May 31, 2006 - 11:51 am: |
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MBJ - in all seriousness - do you think that a worker at say the DMV, to report to their boss that they have witnessed some corruption or inefficiency and then be fired for it?
Interestingly the statement does seem to say that the DMV employee could speak to the press about it in the form of their personal life. |
ina
Citizen
Username: Ina
Post Number: 368
Registered: 6-2001
| | Posted on Wednesday, May 31, 2006 - 2:26 pm: |
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MBJ, "mark my words" is a quote from the original piece, which isn't clear. I would LOVE to be wrong, about this, about the massacre in Haditha, about global warming, but unfortunately so far my worst fears have come true, and then some. My grandparents turned a blind eye to developments in Germany in the 30's and that's a legacy I will not continue. |
notehead
Supporter
Username: Notehead
Post Number: 3363
Registered: 5-2001
| | Posted on Wednesday, May 31, 2006 - 3:03 pm: |
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That's a good point made about the use of "signing statements." This administration has made far more use of those than any other, and it's just not right. |
Southerner
Citizen
Username: Southerner
Post Number: 1101
Registered: 2-2004
| | Posted on Wednesday, May 31, 2006 - 8:54 pm: |
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ina,
You should be scared. |
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