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RandomNumbers

(18,986 posts)
Sun Nov 9, 2025, 10:30 AM Sunday

NPR: Judge says Education Dept. partisan out-of-office emails violated First Amendment

https://www.npr.org/2025/11/08/nx-s1-5602859/education-department-out-of-office-emails-ruling


A federal judge ruled that the Trump administration violated the First Amendment rights of Education Department employees when it replaced their personalized out-of-office e-mail notifications with partisan language blaming Democrats for the government shutdown.

"When government employees enter public service, they do not sign away their First Amendment rights," U.S. District Judge Christopher Cooper wrote in his decision on Friday, "and they certainly do not sign up to be a billboard for any given administration's partisan views."

(snip)

... on the shutdown's first day, the department's deputy chief of staff for operations overrode staffers' personal messages and replaced them with this partisan autoreply:

"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."

While the message was written in the first person, multiple employees told NPR they did not write it and were not told it would replace the out-of-office messages they had written.

...

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MichMan

(16,263 posts)
2. Based on this ruling, are government employees permitted to say anything they want in their work emails?
Sun Nov 9, 2025, 11:40 AM
Sunday

"Donald Trump is a Nazi piece of shit" for example on the end of every one.

W_HAMILTON

(9,863 posts)
3. If you read the article, you would have answered your own question.
Sun Nov 9, 2025, 12:47 PM
Sunday
Cooper ordered the department to restore union members' personalized out-of-office email notices immediately. If that could not be done, he warned, then the department would be required to remove the partisan language from all employees' accounts, union member or not.


The EXTREMELY PARTISAN out-of-office language the Trump administration forced these employees to use was what was found to be violating their First Amendment rights.

Overruling their nonpartisan out-of-office emails and replacing it with EXTREMELY PARTISAN ones meant that not only was the government putting words in their mouth, they were causing these everyday employees to run afoul of the Hatch Act by which they are bound.

MichMan

(16,263 posts)
4. It would appear to be a violation of the Hatch Act, not a First Amendment issue like the headline states
Sun Nov 9, 2025, 01:29 PM
Sunday

If it was truly a First Amendment issue, employees would be permitted to say anything they wanted with no repercussions.

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