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Federal and state statutes protect employees from retaliation for disclosing other employee's misconduct to the appropriate agency. The difficulty with the free speech rights of whistleblowers who make their disclosures public, particularly those in national defense, that involve classified information can threaten national security.
Garcetti v. Ceballos, 547 U.S. 410 (2006), is a U.S. Supreme Court decision involving First Amendment free speech protections for government employees. The plaintiff in the case was a district attorney who claimed that he had been passed up for a promotion for criticizing the legitimacy of a warrant. The Court ruled, in a 5–4 decision, that because his statements were made pursuant to his ...
The policy appears to respect employees' free speech rights as private citizens, but there is an all-encompassing loophole: the policy defies the WPA by requiring prior approval for all whistleblower disclosures that are "Sensitive But Unclassified" (SBU).
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