Federal Workers Union Sues Over Partisan Language in Out-of-Office Messages
The American Federation of Government Employees has filed a lawsuit against the Department of Education, challenging the administration’s decision to include partisan language in employees’ out-of-office email responses during the ongoing government shutdown. The union claims this action violates the First Amendment rights of federal employees.
According to the complaint filed in Washington, D.C., the lawsuit targets the Trump administration’s directive that requires Department of Education employees to blame Democrats for the shutdown in their automated email replies. The lawsuit, filed on behalf of the federal workers by their union, argues that forcing civil servants to convey political messages infringes upon their freedom of speech.
This legal action marks the first against the administration’s use of politically charged messaging in official communications during the shutdown. Experts told NPR that such actions might breach federal ethics regulations.
The government shutdown commenced on October 1, after Congress failed to reach a funding agreement. Federal agencies, including the Department of Education, have been circulating messages that attribute the shutdown to Democratic senators, despite Republicans controlling both congressional chambers.
Department of Education employees found partisan language inserted into their out-of-office messages without their consent, stating: “Thank you for contacting me. On September 19, 2025, the House of Representatives passed H.R. 5371, a clean continuing resolution. Unfortunately, Democrat Senators are blocking passage of H.R. 5371 in the Senate which has led to a lapse in appropriations. Due to the lapse in appropriations, I am currently in furlough status. I will respond to emails once government functions resume.”
Several employees expressed surprise and concern to NPR over the unsolicited changes to their email messages, noting that they had not been informed of the alteration. Some who attempted to revert their messages found them changed back to the partisan version.
The lawsuit claims that these alterations, made without notice or consent, amount to compelled speech, a violation of the First Amendment. The Department of Education and Secretary Linda McMahon are named as defendants in the case.
When NPR reached out for comments, the Department of Education’s press team responded with the same automated message. However, Madi Biedermann, deputy assistant secretary for communications, defended the message in a statement to NBC News, asserting its accuracy by asking, “Where’s the lie?”
Federal ethics experts have raised concerns that these politicized communications might contravene the Hatch Act, which restricts political activity by executive branch employees.
Michael Fallings, a partner at Tully Rinckey law firm, noted, “The Hatch Act prohibits engaging in political activity while in an official capacity, including communication that contains advocacy in opposition to a political party.” He added that the explicit blame placed on Democrats might constitute a violation.
Representative Robert Garcia of California has formally requested the U.S. Office of Special Counsel to investigate the administration’s use of government platforms for promoting partisan agendas. However, the Office of Special Counsel remains closed due to the shutdown.
Numerous federal employees have voiced their discomfort over the politicization of government communications. One anonymous worker described the rhetoric as “shocking, offensive, and jarring.”
In a related development, a Department of Veterans Affairs newsletter informed recipients of the shutdown’s impact on their services while reiterating the administration’s stance that Democrats are blocking government funding. VA press secretary Pete Kasperowicz defended the message’s content as factual.
Additional reporting by NPR’s Cory Turner.
