May 30 2006
Identity Conflict
NYT news article: Justices Set Limits on Public Employees’ Speech Rights
The controlling factor in this case, Justice Kennedy wrote, was that Mr. Ceballos was acting purely in an official capacity when he complained internally about the search warrant. “Ceballos wrote his disposition memo because that is part of what he was employed to do,” Justice Kennedy wrote. “He did not act as a citizen by writing it.”
“The notion that there is a categorical difference between speaking as a citizen and speaking in the course of one’s employment is quite wrong,” Justice Stevens wrote.
–Multiple identities here: citizen and government official; Why do they have to conflict? Not in the 60s or 70s (WG, Nixon, etc.) but perhaps after War on Terror or Roberts-Alito.
–Identity and loyalty can be forcefully imposed by the state. There is no escape in this case.
–Discipline enforced: but for what? Not even in the interest of the state or the society. Just for the sake of showing off power.