The Supreme Court’s recent decision in Garcetti v. Ceballos [FOOTNOTE 1] stated various rationales for sharply curbing the First Amendment free speech rights of public sector employees.
Among the Court’s reasons included the familiar argument that public employees should rely on legislation for their individual rights. Clearly, this particular rationale is unsupported by New York’s anemic, rarely invoked public sector whistleblower law, Civil Service Law �75-b. Given Garcetti‘s negative impact on public employees (and, by extension, the general public), the Legislature must now revisit �75-b to fulfill the statute’s promise to protect public sector whistleblowers who disclose government wrongdoing.
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