A federal workers’ union has filed a lawsuit against the Trump administration, alleging it violated free speech rights by altering furloughed U.S. Department of Education employees’ out-of-office email messages to include partisan blame. The lawsuit, brought by the American Federation of Government Employees (AFGE), claims the administration forced employees to appear as though they were personally criticizing Senate Democrats for the government shutdown.
The complaint, filed in Washington, D.C., argues that the modified messages compel employees to "recite partisan words that they would not have spoken otherwise," infringing on their First Amendment rights. The automatic replies were presented in the first person, making it seem like the employees themselves had written the politically charged language. According to the lawsuit, many furloughed workers discovered their messages were changed to include statements such as: “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.”
The shutdown began Wednesday after Congress failed to reach a funding agreement. The Department of Education, which President Donald Trump has repeatedly said should be dismantled, had planned to furlough nearly 87% of its workforce. Some employees were already on administrative leave due to pending mass layoffs.
Skye Perryman, president of Democracy Forward, the legal group representing the union, condemned the administration’s actions, saying: “Posting messages without consent to broadcast messages on behalf of a partisan agenda is a blatant violation of First Amendment rights.”
A Reuters test email to the Education Department confirmed that the altered auto-reply language was in use, with messages blaming "Democrat Senators" for the shutdown. The lawsuit underscores escalating tensions between the Trump administration and federal employees, raising broader concerns about compelled speech and political influence in government communications.