Federal Employees Sue Education Department Over Partisan Email Messages

A federal workers union has initiated legal action against the Department of Education, alleging that employees' out-of-office email messages were altered without their consent to include partisan language attributing the government shutdown to Democrats. The lawsuit, filed by the American Federation of Government Employees in Washington, D.C., contends that this action violates federal employees' First Amendment rights by compelling them to convey a political message.

The complaint states: "Forcing civil servants to speak on behalf of the political leadership's partisan agenda is a blatant violation of federal employees' First Amendment rights."

During the shutdown that began on October 1, messages on agency websites and emails to federal workers across multiple departments blamed congressional Democrats and, in some instances, the "Radical Left" for the lapse in appropriations. Notably, many Department of Education employees discovered that their out-of-office replies had been modified to include statements such as: "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 these messages were inserted without their knowledge or consent, differing from the model language previously provided by the department. Some staffers who attempted to change their out-of-office messages found that the partisan language was reinstated.

The lawsuit names the Department of Education and Secretary Linda McMahon as defendants, arguing that the compelled speech infringes upon constitutional rights. In response to inquiries about the lawsuit, the Education Department's press team replied with the same automated out-of-office message. Prior to the lawsuit's filing, Madi Biedermann, deputy assistant secretary for communications, stated: "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?"

Government ethics experts have raised concerns that the inclusion of overtly political messages in federal agency communications may violate the Hatch Act, which restricts political activity by civil servants. 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. Here, while the reference to Democrats alone likely does not constitute a violation, the explicit blaming of the Democratic Party for the shutdown and 'reference to radical left' may constitute a violation."

Additionally, Rep. Robert Garcia of California has requested the U.S. Office of Special Counsel to investigate the administration's use of agency communications to promote a partisan agenda. The Office of Special Counsel is currently closed during the shutdown.

This lawsuit marks the first legal challenge to the administration's use of partisan messaging in government communications during the shutdown, highlighting ongoing concerns about the politicization of federal agencies.