A lawsuit has been filed by the American Federation of Government Employees (AFGE) against the U.S. Department of Education, alleging that the administration altered employees’ automated email responses to include partisan language related to the ongoing government shutdown. The union claims this action not only contravenes the First Amendment rights of furloughed employees but also violates the Hatch Act, which prohibits political campaigning by federal employees.
AFGE, represented by the Democracy Forward and the Public Citizen Litigation Group, initiated the lawsuit following reports that some employees found their out-of-office messages modified to blame Democratic senators for the shutdown. According to AFGE National President Everett Kelley, the alterations were made without employee consent, turning their automated emails into instruments of political messaging during a financially stressful period.
The lawsuit highlights that employees were initially provided with neutral, factual language for their email responses. However, the modified messages shifted the narrative to suggest that Democrats were responsible for the government shutdown. One such altered message stated, “Unfortunately, Democrat Senators are blocking passage of H.R. 5371… Due to the lapse in appropriations I am currently in furlough status.”
The union contends that this manipulation is part of a broader strategy by the Trump administration to use federal agencies for partisan purposes. Kelley remarked, “This whole-of-government approach to partisan messaging is unprecedented and makes a mockery of statutory prohibitions.” The AFGE asserts that these actions not only undermine the integrity of the civil service but also infringe upon the rights of employees who are expected to remain nonpartisan.
In response to the lawsuit, Skye Perryman, president and CEO of Democracy Forward, criticized the administration’s actions as “outrageous.” She emphasized that “taking advantage of furloughed civil servants” during the shutdown is a severe breach of trust and legality. The complaint calls for urgent court intervention to halt what it describes as flagrant unlawful conduct.
The Hatch Act, established in 1939, aims to ensure that federal employees do not engage in partisan political activities while acting in their official capacities. This recent case underscores the ongoing tensions surrounding the government shutdown, which has left many federal workers without pay.
As the shutdown persists, various government agencies have been criticized for adopting similar messaging strategies. The Department of Justice and the Department of Agriculture have also used language in their communications that assigns blame to Democrats for the government’s inability to secure funding. Such practices raise serious concerns about the politicization of federal operations during a crisis.
The AFGE’s lawsuit adds to the growing list of legal challenges faced by the Trump administration regarding the operational impacts of the shutdown on federal employees. The outcome of this case could have significant implications for the future conduct of government communications and the protection of civil servants’ rights in political contexts.
