As I began writing this, six concepts were revolving in the netherworld around my head, just out of mental reach: free speech; blogging, First Amendment, whistleblowing, responsibility, retaliation.
I am trying to compose an article about blogging and first amendment rights and whistleblowers. Do they have first amendment rights to report waste, fraud, and abuse through blogs or other media? If so, what practical protection do these rights offer?
The Public Employees for Environmental Responsibility (PEER), a national alliance of local, state, and federal resource professionals, have a web site where whistleblower blogging is encouraged. How else can society protect itself from out of control power structures if government employees and others in the know don’t nobly step forward and expose irregularities or illegalities?
In fact, PEER offers real support to folks willing to risk exposing malfeasance. Per its web site, “PEER can offer many forms of assistance and guidance to concerned or embattled employees. Above all PEER, as a "service" organization, exists to help. PEER provides legal assistance and representation to resource professionals. We encourage you to contact us for more information or to share your particular situation.”
Of course, the greatest support comes from the 45-word 1st Amendment to the U.S. Constitution: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
It would seem that employees certainly have the right to exercise free speech in a manner of ways, not the least of which is to blow the whistle on illegal or improper public practices or expenditures. However, blower and blogger beware. With rights come responsibilities. I know. That’s trite and I sound like a party-pooper.
This rejoinder is offered to ensure balance and accuracy. Without those qualities, no public discourse will be of very much value or meaning to anyone. We won’t advance any common cause if disgruntled or uninformed employees use blogs to vent frivolous frustrations and perceived professional slights. Yet, official improprieties may thrive without whistleblowers bringing odious practices into the sunlight.
Blog and blow to your hearts content. Wherever and whenever you see corruption, the public wants to know. Of course, it’s scary for an employee to consider reporting a suspected offense. She may feel disloyal. He may be uncertain that he possesses all the facts. The employee may even lose her job.
For the more stalwart among us, be consoled that your Constitution bestows this right of redress upon you, and groups like PEER stand ready, willing, and able to offer legal support when things start getting down and dirty.
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YETMO: You’re Entitled to My Opinion, A Balanced Point of View
Fred W. Apelquist, III, M.Ed.
Approximately 450 words
November 30, 2005