An individual passes by the U.S. Department of Education in Washington, D.C. A federal workers union contends that altering employees’ out-of-office email replies to include partisan statements violates their First Amendment protections.
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The American Federation of Government Employees has initiated legal action against the Trump administration, challenging the insertion of politically charged language into out-of-office email responses for Department of Education staff during the recent government shutdown.
According to the union’s complaint filed in a Washington, D.C. federal court, “Compelling federal employees to convey the political agenda of the administration blatantly infringes upon their First Amendment rights.”
This lawsuit marks the first formal opposition to the administration’s unprecedented tactic of embedding partisan rhetoric within official government communications amid the shutdown, a move that legal analysts suggest may breach federal ethics regulations.
Following the failure of Congress to pass funding legislation by October 1, the White House publicly attributed the shutdown to Democratic lawmakers. Various federal agencies, including multiple Cabinet departments, displayed messages on their websites and sent emails to employees that blamed Senate Democrats-and in some instances, the “Radical Left”-for the funding lapse. (Although Republicans hold the majority in both chambers, they require Democratic votes in the Senate to pass appropriations bills.)
Many Education Department employees who were furloughed during the shutdown were taken aback when their automatic email replies were replaced with a message stating: “Thank you for contacting me. On September 19, 2025, the House of Representatives approved H.R. 5371, a clean continuing resolution. Unfortunately, Democrat Senators are obstructing its passage in the Senate, resulting in a lapse in appropriations. Due to this, I am currently furloughed and will respond once government operations resume.”
Several employees informed NPR that although the message appeared to come from them personally, they neither authored it nor were informed that their original out-of-office replies would be overwritten.
The lawsuit also highlights discrepancies between the actual message and the official template provided by the department before the shutdown. Attempts by some staff to remove the partisan content from their auto-replies were reportedly reversed without their consent.
Claiming a violation of the First Amendment’s protection against compelled speech, the suit names both the Department of Education and Secretary Linda McMahon as defendants.
“Without notifying or obtaining approval from employees, the Department replaced their out-of-office messages with partisan statements blaming ‘Democrat Senators’ for the shutdown,” the complaint states. “This forces employees to unwillingly echo the Trump Administration’s political talking points in emails sent under their names.”
When NPR sought comment on the lawsuit, the Education Department’s press office responded with the same automated out-of-office message. Prior to the lawsuit’s filing, Deputy Assistant Secretary for Communications Madi Biedermann told NBC News, “The email informs those contacting Department of Education employees that responses are delayed because Senate Democrats are blocking a clean continuing resolution to fund the government. Where’s the falsehood in that?”
Experts in government ethics have warned that embedding explicit political content in official federal communications may breach the Hatch Act, which restricts partisan political activities by executive branch employees.
Michael Fallings, a partner at employment law firm Tully Rinckey, explained, “The Hatch Act forbids political activity in an official capacity, including communications that advocate against a political party. While merely mentioning Democrats might not violate the law, directly blaming the Democratic Party for the shutdown and referencing the ‘radical left’ could cross the line.”
On October 3, Representative Robert Garcia of California, the top Democrat on the House Oversight Committee, requested that the U.S. Office of Special Counsel investigate the Trump administration’s use of agency websites and official emails to disseminate what he called a “false, partisan Republican political agenda.” (The Office of Special Counsel is currently led by an acting director after the previous Senate-confirmed leader was dismissed by President Trump, and the agency is closed during the shutdown.)
In recent days, over twenty current and former federal employees have reached out to NPR, expressing unease about the politicized language appearing in official communications from various agencies and officials.
One anonymous federal employee shared, “As a dedicated civil servant and individual, I find this rhetoric deeply disturbing, offensive, and unsettling.”
Six individuals provided NPR with screenshots of a weekly newsletter from the Department of Veterans Affairs titled “How the government shutdown impacts VA,” sent to veterans, their families, caregivers, and survivors. The October 1 edition stated: “President Trump opposes a funding lapse, and on September 19, the House passed, with the Administration’s backing, a clean continuing resolution to fund the government through November 21. Unfortunately, Democrats are blocking this resolution in the Senate due to unrelated policy demands.” The newsletter also detailed which VA services would be affected.
A veteran who received the newsletter and wished to remain anonymous due to fear of government retaliation commented, “The politicization of a VA newsletter, which should solely inform us about our benefits, is concerning and should be reported.”
VA Press Secretary Pete Kasperowicz responded to NPR’s inquiries by stating, “The message was entirely accurate, and even mainstream media outlets and reporters have conveyed the same information.”
Reporting contributed by Cory Turner.
