ABSTRACT
Good faith whistleblowers represent the highest ideals of public service and the American tradition for individuals to challenge abuses of power. This chapter summarizes how Congress's 1978 attempt at executive branch whistle-blower protection failed, and analyzes the significant changes adopted in 1989 and 1994 to strengthen the law of dissent. Congress recognized the immensity of the 1978 law’s failure and attempted an ambitious balancing act through the Whistleblower Protection Act. While not necessarily the most significant problems, the Special Counsel’s excesses were the most visible, politically potent reasons for passage of the Whistleblower Protection Act. The Whistleblower Protection Act is a work in progress. Freedom of employment dissent is continuing to evolve for federal employees, but they still would be foolhardy to rely on the law’s promise of strengthened free speech rights. The chapter surveys results since the latest legislative revision, with recommendations for loopholes that must be filled in order for the rhetoric of whistle-blower protection to be credible.
