ACLU criticizes Garcetti ruling on internal whistleblowing
American Civil Liberties UnionACLU, through National Legal Director Steven Shapiro in its May 30, 2006 release
The ACLU says the ruling discourages internal whistleblowing and makes government cover-ups easier.
Responding to
The First Amendment does not protect public employees' duty-related statements from employer discipline.
“In an age of excessive government secrecy, the Supreme Court has made it easier to engage in a government cover-up by discouraging internal whistleblowing”
Official statement
Where this statement fits
Garcetti: Kennedy and Souter split over public employees' duty-related speech
The Supreme Court ruled five to four in May 2006 that the First Amendment did not protect Richard Ceballos's duty-related statements from employer discipline. Justice Anthony Kennedy wrote the majority opinion. In dissent, Justice David Souter argued for balancing the public value of warnings about wrongdoing or public safety against government management interests.
Source and context
Official statement
About this source
ACLU lawyers criticize the ruling's effects on internal reports of government misconduct.
Archived copy (opens in a new tab)Before the quotation
The ACLU's release says the ruling seriously undermines the rights of whistleblowers. Immediately before this passage, it says the decision effectively bars public employees from reporting misconduct within the chain of command but does not keep them from reporting it to the media.
After the quotation
The release then describes Ceballos's attempt, as a deputy district attorney in Los Angeles County, to expose police misconduct.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The subject is categorical exclusion of duty-related public employee speech from First Amendment protection against employer discipline. The ACLU says the ruling discourages internal whistleblowing and makes government cover-ups easier.
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More from this case
Read the full caseDavid Souter rejects categorical exclusion of official-duty speech
“But why do the majority’s concerns, which we all share, require categorical exclusion of First Amendment protection against any official retaliation for things said on the job?”Read statement
Anthony Kennedy holds that duty-related speech is not citizen speech under the First Amendment
“We hold that when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes”Read statement
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The Dispute Index. "ACLU criticizes Garcetti ruling on internal whistleblowing". First published: 2026-10-23. Last updated: 2026-10-23. https://disputeindex.com/events/6554-the-aclu-says-the-ruling-discourages-internal-whistleblowing