Federal workers sue Education Department over partisan shutdown emails
A union representing federal employees has filed a lawsuit against the U.S. Department of Education, alleging that the agency altered workers' out-of-office email messages without consent to include partisan language blaming Democrats for the government shutdown. The complaint claims this action violates the First Amendment by compelling civil servants to echo the Trump administration's political views. The suit was filed in federal court in Washington, D.C., on Friday.
The American Federation of Government Employees filed the lawsuit on Friday in U.S. District Court in Washington, D.C., targeting the Department of Education and Secretary Linda McMahon. It challenges the insertion of partisan text into furloughed employees' automatic email replies during the government shutdown that began on October 1, 2025, after Congress failed to pass funding legislation.
The disputed message read: '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.' Employees reported that the text was added without their knowledge or approval, replacing their original messages, and attempts to remove it were overridden.
"Forcing civil servants to speak on behalf of the political leadership's partisan agenda is a blatant violation of federal employees' First Amendment rights," the complaint stated. "Without giving notice to their employees, let alone obtaining their consent, the Department of Education has replaced employees' out-of-office email messages with partisan language that blames 'Democrat Senators' for the shutdown."
The suit argues the changes compel speech, prohibited by the First Amendment. Legal experts suggest it may also breach the Hatch Act, which restricts political activity by federal workers. Michael Fallings, a partner at Tully Rinckey, 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."
In response, the Education Department's press team sent the automated message. Deputy Assistant Secretary Madi Biedermann told NBC News: "The email reminds those who reach out to Department of Education employees that we cannot respond because Senate Democrats are refusing to vote for a clean CR and fund the government. Where's the lie?"
Rep. Robert Garcia, ranking Democrat on the House Oversight Committee, urged the U.S. Office of Special Counsel to investigate the administration's use of official communications for partisan purposes. The shutdown, now in its fifth day, has furloughed thousands, including Education Department staff, amid broader blame from the Trump administration directed at Democrats for blocking funding.