Supreme Court of the United States

Department of Homeland Security, Petitioner v. Robert J. MacLean.

January 21, 2015135 S. Ct. 913

Summary

The Court held that the Whistleblower Protection Act’s exemption for disclosures 'specifically prohibited by law' excludes regulations and a statute that only authorizes an agency to promulgate regulations prohibiting disclosure. MacLean's disclosure was protected because the agency regulation banning it and the statute authorizing it did not qualify as a specific prohibition by law. Justice Sotomayor, dissenting, argued that the statute imposing a congressional directive to prohibit such disclosures constitutes a statutory prohibition.