Interesting whistleblower/1st amendment allegations

Findlaw (AP) reports: “Colo. Worker Fired After Outed As Source.”

“A planner for a ski resort was fired after she was identified as an anonymous source who criticized Aspen for its development of a housing and retail development.”

Her comments included an allegation that “back-room” negotiations were being employed by the developers and the town. She modified that statement the following day, saying, “I never meant to imply that there was anything illegal going on. It’s just the community is not being listened to. Anybody has the right to say that.”

The Town Manager said she was fired because of the comment in the newspaper.

She said “It’s like [the Town Manager] stuck out his tongue and said, ‘So sue us.’”

So will Colo. law protect her as a whistleblower, though she alleged no illegality? Haven’t researched it, but I’m doubtful. As an employee of a subdivision of a state, does she have a valid First Amendment retaliation claim? Closer call, I think, depending on extent to which this was a matter of public interest. Seems like the Town’s already admitted causation.

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