"Debra D’Agostino, a federal employment lawyer, argued that Mei probably has a strong case against her dismissal. Mei’s speech was almost certainly protected under both the First Amendment and the Whistleblower Protection Act, D’Agostino said.
There have been at least two Supreme Court cases — Pickering v. Board of Education in 1968 and Department of Homeland Security v. MacLean in 2015 — in which the justices decided in favor of staffers accused by their employers of speaking out of turn, D’Agostino noted. In the first, the court ruled for a teacher who had written to a newspaper criticizing the superintendent, saying the educator had a right to speak on matters of public concern so long as she was not knowingly lying.
In the second, the court ruled for a Transportation Security Administration staffer who the government accused of revealing “sensitive security information” to a reporter. In that case, the court decided the staffer’s activity was covered by the Whistleblower Protection Act, which says federal workers can report lawbreaking or anything that poses a substantial and specific danger to public health and safety."
