| Description |
Part II.A of this paper briefly outlines the Pickering balancing test, with the Connick modifications, and Part II.B describes how the Garcetti decision substantially changed the Pickering test. Part III details how the Garcetti decision fails national security employees in particular. Part III.A discusses the concept of job duty, and how altering the test to that of essential job function might help some, but not all, national security employees. Part III.B discusses the Whistleblower Protection Act of 1989 and its impact on national security employees. Part III.C discusses the Intelligence Community Whistleblower Protection Act of 1998, and argues that even this attempt at protecting national security employees left a great deal of gray area, necessitating the return to the Pickering test. Part IV argues for a return to the traditional Pickering test, at least with respect to national security employees. (Description from Source) |