Authors

Tara Cooley, Golden Gate University School of Law

Article Title

Gagged by Big Ag: Whistleblower Silencing Bill Threatens the Employee’s Right to Uncover Workplace Wrongdoing

Abstract

This Comment analyzes the court’s application of the standing doctrine in PETA v. Stein to demonstrate that the dismissal of a challenge to a whistleblower silencing statute because the plaintiff lacked standing is detrimental to First Amendment rights. This Comment argues that a relaxed standing requirement must be applied to future pre-enforcement challenges of legislation that aims to silence whistleblowers, and therefore chills First Amendment rights.

Part I examines the court’s relaxed application of the standing requirement to criminal statutes that chill First Amendment rights. Part II argues for a relaxed application of the standing requirement to whistleblower silencing statutes, both criminal and civil, that chill First Amendment rights. Finally, Part III discusses the implication of the un-published PETA v. Stein decision and the likelihood of an increase in civil statutes silencing workplace whistleblowers.

Recommended Citation

Tara Cooley, Gagged by Big Ag: Whistleblower Silencing Bill Threatens the Employee’s Right to Uncover Workplace Wrongdoing, 49 Golden Gate U. L. Rev. 91 (2019).
https://digitalcommons.law.ggu.edu/ggulrev/vol49/iss2/4