How moral conflicts confront anyone

MORAL CONFLICTS

Moral conflicts on several levels confront anyone who is wondering whether to speak out about abuses or risks or serious neglect. In the first place, he must try to decide whether, other things being equal, speaking out is in fact in the public interest. This choice is often made more complicated by factual uncertainties: Who is responsible for the abuse or neglect? How great -IS the threat? And how likely is it that speaking out will precipitate changes for the better?

In the second place, a would-be whistleblower must weigh his responsibility to serve the public interest against the responsibility he owes to his colleagues and the institution in which he works. While the professional ethic requires collegial loyalty, the codes of ethics often stress responsibility to the public over and above duties to colleagues and clients. Thus the United States Code of Ethics for Government Servants asks them to “ex- pose corruption wherever uncovered” and to “put loyalty to the highest moral principles and to country above loyalty to persons, party, or government.”‘ Similarly, the largest professional engineering association requires members to speak out against abuses threatening the safety, health, and welfare of the public. 2

A third conflict for would-be whistleblowers is personal in nature and cuts across the first two: even in cases where they have concluded that the facts warrant speaking out, and that their duty to do so overrides loyalties to colleagues and institutions, they often have reason to fear the results of carrying out such a duty. However strong this duty may seem in theory, they know that, in practice, retaliation is likely. As a result, their careers and their ability to support themselves and their families may be unjustly impaired.’ A government handbook issued during the Nixon era recomends reassigning “undesirables” to places so remote that they would prefer to resign. Whistleblowers may also be downgraded or given work without responsibility or work for which they are not qualified; or else they may be given many more tasks than they can possibly perform. Another risk is that an outspoken civil servant may be ordered to undergo a psychiatric fitness-for-duty examination,’ declared unfit for service, and “separated” as well as discredited from the point of view of any allegations he may be making. Outright firing, finally, is the most direct institutional response to whistleblowers.

Add to the conflicts confronting individual whistleblowers the claim to self-policing that many professions make, and professional responsibility is at issue in still another way. For an appeal to the public goes against everything that “self-policing” stands for. The question for the different professions, then, is how to resolve, insofar as it is possible, the conflict between professional loyalty and professional responsibility toward the out- side world. The same conflicts arise to some extent in all groups, but professional groups often have special cohesion and claim special dignity and privileges.

The plight of whistleblowers has come to be documented by the press and described in a number of books. Evidence of the hardships imposed on those who chose to act in the public interest has combined with a heightened awareness of professional malfeasance and corruption to produce a shift toward greater public support of whistleblowers. Public service law firms and consumer groups have taken up their cause; institutional reforms and legislation have been proposed to combat illegitimate reprisals.5

Given the indispensable services performed by so many whistleblowers, strong public support is often merited. But the new climate of acceptance makes it easy to overlook the dangers of whistleblowing: of uses in error or in malice; of work and reputations unjustly lost for those falsely accused; of privacy invaded and trust undermined. There comes a level of internal prying and mutual suspicion at which no institution can function. And it is a fact that the disappointed, the incompetent, the malicious, and the paranoid all too often leap to accusations in public. Worst of all, ideological persecution throughout the world traditionally relies on insiders willing to inform on their colleagues or even on their family members, often through staged public denunciations or press campaigns.

No society can count itself immune from such dangers. But neither can it risk silencing those with a legitimate reason to blow the whistle. How then can we distinguish between different instances of whistleblowing? A society that fails to protect the right to speak out even on the part of those whose warnings turn out to be spurious obviously opens the door to political repression. But from the moral point of view there are important differ- ences between the aims, messages, and methods of dissenters from within.

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