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Happy Golucky is the director of emergency management in the State of Utter Disarray and a member of the Union of Public Management Employees. She

Happy Golucky is the director of emergency management in the State of Utter Disarray and a member of the Union of Public Management Employees. She takes advantage of one of the benefits of public employment, the Employees' Assistance Program, and confides to a counselor, Sal Monella, that she secretly believes that natural disasters are controlled by the moon and should not be prevented or mitigated.

Monella believes this to be a danger to the public and leaks his counseling notes to a blogger for a group called Citizens' Watchdog, Justin A. Hurry, who publishes a story about Golucky's moon theories and counseling confidences in his blog.

Golucky is removed from her job by the state commissioner of public safety. She sues Hurry for libel and the state for wrongful discharge. However, she confides to her union lawyer, Art Full Dodge, that the story is true. Dodge does not disclose this information to the court or to anyone else.

Monella is charged with a breach of confidentiality before the state mental health board, which licenses counselors. He defends his actions under a state statute that protects whistle-blowers.

Discuss the ethics of Golucky, Monella, Hurry and Dodge. Can Monella validly claim whistle-blower status? Can Hurry validly claim protection under New York Times v. Sullivan or the state's shield law?

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