The Supreme Court has made clear that public employees do not forfeit their First Amendment rights in exchange for a paycheck. But that has not stopped government agencies at all levels, from Cabinet-level departments to the smallest county school districts, from threatening employees with discipline if they speak publicly about work-related matters. What does the law say about the right to blow the whistle, how are these “gag rules” inhibiting the free flow of information, and are there promising avenues for legal challenge?
December 05, 2024
Speaking Out—From Inside: Freedom of Speech and Government Whistleblowers
The content of this program does not meet requirements for continuing legal education (CLE) accreditation. You will not receive CLE credit for watching.
Speakers
- Hampton Dellinger – Special Counsel, U.S. Office of Special Counsel
- Caroline Hendrie – Executive Director, Society of Professional Journalists
- Ramya Krishnan – Senior Staff Attorney, Knight First Amendment Institute at Columbia University
- Hon. Mimi Tsankov – President, National Association of Immigration Judges
Moderator
Frank D. LoMonte – Counsel, CNN; Co-Chair, Free Speech and Free Press Committee, ABA Section of Civil Rights and Social Justice
Resources
Protecting Sources and Whistleblowers: The First Amendment and Public Employees’ Right to Speak to the Media
EXTENDED VERSION
Oct. 7, 2019, by Frank LoMonte
SPJ calls for action by journalists against gag rules after key legal win | Society of Profesional Journalists
The PRESS Act: What it is, and why it’s important to get it passed | Society of Profesional Journalists
Gagged America | Society of Profesional Journalists
About the US Office of Special Counsel’s mission, federal employee protections, and recent work:
- OSC Website
- Filing Portal
- Press Release – Recent NDA Cases
- Hatch Act Article (Politico)
- Your Rights as a Federal Employee
- Your Rights as a Whistleblower
- Prohibitions on Non-Disclosure Video
- Retaliation for Whistleblowing Video
United States v. National Treasury Employees Union, 513 US 454 - Supreme Court 1995
MFIA Clinic Lawsuit Succeeds in Lifting Gag Rules at Pittsburgh Jail | Yale Law School
Lawsuit Edgar v. Haines A lawsuit challenging the government's system of "prepublication review" | Knight First Amendment Institute
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