Judge rules US Education Department violated workers’ rights with partisan shutdown emails News
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Judge rules US Education Department violated workers’ rights with partisan shutdown emails

A US federal judge has ruled that the Department of Education violated the First Amendment by changing the out-of-office email messages of several employees without their consent. The emails set by the agency included partisan language that blamed the Democratic Party for the government shutdown.

In his decision, issued Friday, US District Judge Christopher Cooper stated that while political officials are free to blame “whoever they wish for the shutdown,” the use of rank-and-file civil servants as “unwilling” spokespeople is prohibited and must cease. Cooper added that nonpartisanship is a core tenet of the federal civil service, enshrined in the Hatch Act, ensuring that the government serves “the public, not the politicians.”

Brought forth by the American Federation of Government Employees (AFGE), the lawsuit argued that the Department of Education’s automated out-of-office emails violated First Amendment rights by compelling employees to express views they did not hold. The union contended that the emails effectively compelled government employees to act as mouthpieces for a political narrative.

Judge Cooper agreed, finding that the Department’s actions crossed a clear constitutional line by expressing a political view through personal channels. The court noted that by sending the message through individual employee accounts without their consent and ability to alter it, the Department created a high risk of speech being attributed to them personally.

On its part, the government argued that the court lacked jurisdiction to hear AFGE’s First Amendment claim because such disputes were directed by Congress through specific administrative channels under the Civil Service Reform Act (CSRA) and the Federal Service Labor Management Relations Statute (FSLMRS). According to the government, labor disputes involving prohibited personnel actions must first undergo administrative review by the Office of Special Counsel, the Merit Systems Protection Board, or the Federal Labor Relations Authority.

The court disagreed, affirming that such administrative processes were effectively closed during a government shutdown, rendering a meaningful administrative review not possible. According to Cooper, forcing unions to wait until the shutdown ended would deprive employees of remedies for their alleged compelled speech.

Since October 1, the US government has been undergoing a shutdown following disagreements between Republicans and Democrats over a bill funding government services and the expiration of the previous federal budget. The Republican majority needs at least 60 votes to pass the bill in the Senate, which would require votes from several Democratic Senators.

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