The Supreme Court had developed a very workable standard for the scope of First Amendment protection for public employees when they speak out about matters related to their workplace or the agency that employs them. But the Court severely narrowed that protection in Garcetti v. Ceballos. It held that any statement made within the organization by a public employee that can be considered part of his official duties is made in his capacity as an employee and not a citizen and carries no First Amendment protection. In other words, a public employee may be disciplined, even fired, for making such a statement, even if he is blowing the whistle about a clear violation of law by fellow employees, his supervisors, managers or the agency itself. Any potential whistleblower would be well advised to consult a lawyer who is an expert in the law of retaliation under the First Amendment before making any complaint about malfeasance or criminal conduct by his or her employer.