Tuesday, September 16th, 2008...8:12 am
9th Cir: Anti-Gag Statute Doesn’t Create Cause of Action
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The federal “Anti-Gag Statute” is a budgetary provision that forbids the appropriation of funds “to implement or enforce the agreements in Standard Forms 312 and 4414 of the Government or any other nondisclosure policy, form, or agreement” unless a specific disclaimer is added. Pub.L. No. 109-1155, § 820, 119 Stat. 2396, 2500-2501 (2005).
The 9th Circuit has now held that the statute creates neither an express nor an implied cause of action available to a federal employee who alleges she or he was disciplined (here, an Air Marshal) in response to whistleblowing.
MacLean v. Department of Homeland Security, 2008 WL _______ (9th Cir. Sept. 16, 2008)
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