Webster, Director of Central Intelligence v. Doe (486 U.S. 592)
U.S. Supreme Court · decided June 15, 1988 · Supreme Court Database (Spaeth)
- Citation
- 486 U.S. 592 · 108 S. Ct. 2047
- Decided
- June 15, 1988
- Term
- October Term 1987
- Vote
- 6–2
- Majority author
- Justice Rehnquist
- Issue area
- First Amendment
- Disposition
- Affirmed and reversed (or vacated) in part and remanded
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Chief Justice Rehnquist delivered the opinion of the Court. Section 102(c) of the National Security Act of 1947, 61 Stat. 498, as amended, provides that: “[T]he Director of Central Intelligence may, in his discretion, terminate the employment of any officer or employee of the Agency whenever he shall deem such termination necessary or advisable in the interests of the United States_” 50 U. S. C. § 403(c). In this case we decide whether, and to what extent, the termination decisions of the Director under § 102(c) are judicially reviewable. I Respondent John Doe was first employed by the Central Intelligence Agency (CIA or Agency) in 1973 as a clerk-typist. He received periodic fitness reports that consistently rated him as an excellent or outstanding employee. By 1977, respondent had been promoted to a position as a covert electronics technician. In January 1982, respondent voluntarily informed a CIA security officer that he was a homosexual. Almost immediately, the Agency placed respondent on paid administrative leave pending an investigation of his sexual orientation and conduct. On February 12 and again on February 17, respondent was extensively questioned by a polygraph officer concerning his homosexuality and possible security violations. Respondent denied having sexual relations with any foreign nationals and maintained that he had not disclosed classified information to…
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