Indiana Law Journal Volume 93 Issue 2 Article 1 Spring 2018 Whistleblowing Speech and the First Amendment Ronald J. Krotoszynski Jr. University of Alabama School of Law,
[email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Election Law Commons, First Amendment Commons, and the Law and Politics Commons Recommended Citation Krotoszynski, Ronald J. Jr. (2018) "Whistleblowing Speech and the First Amendment," Indiana Law Journal: Vol. 93 : Iss. 2 , Article 1. Available at: https://www.repository.law.indiana.edu/ilj/vol93/iss2/1 This Article is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact
[email protected]. Whistleblowing Speech and the First Amendment RONALD J. KROTOSZYNSKI, JR.* Alexander Meiklejohn, the iconic First Amendment scholar who expounded the democratic self-government theory of the freedom of speech, posited that for demo- cratic self-government to function, the voters themselves must possess the infor- mation necessary to hold the government accountable. Yet, the information neces- sary for the citizenry to render wise electoral verdicts not uncommonly belongs to the government itself, and government officials often prove highly reluctant to share information that reflects badly on them and their work. The lack of critically im- portant information about the government’s performance makes it difficult, if not impossible, for voters to hold government accountable on Election Day. To date, the federal courts have failed to recognize the crucial role that government employees often play in providing voters with the information necessary to make wise electoral decisions.