Federal Judge: Blaming Democrats in Employee Emails During Shutdown Violated First Amendment

A federal judge has ruled that the Department of Education infringed upon the First Amendment rights of some of its employees by altering their out-of-office email messages to assign blame for a government shutdown. This significant decision marks another judicial check on controversial actions taken during the Trump administration.

Court Finds ‘Compelled Speech’ Unconstitutional

U.S. District Judge Christopher Cooper, an appointee of former President Barack Obama, delivered the ruling on Friday. He determined that the Department of Education had “unconstitutionally compelled its employees’ speech” when it modified automated email responses for furloughed workers.

These altered messages specifically included partisan language, pointing to “Democrat Senators” as those “blocking” the passage of a “clean continuing resolution” necessary to fund the government and end the shutdown. The judge found this action to be a direct violation of employees’ free speech rights.

Upholding Nonpartisanship in Federal Service

Judge Cooper underscored the fundamental principle of impartiality within the federal workforce. “Nonpartisanship is the bedrock of the federal civil service; it ensures that career government employees serve the public, not the politicians,” Cooper wrote in his decision.

He further elaborated, stating, “But by commandeering its employees’ e-mail accounts to broadcast partisan messages, the Department chisels away at that foundation.” The judge emphasized that while political officials are free to express their views, they cannot force civil servants to be their unwilling mouthpieces, asserting that “The First Amendment stands in their way.”

Permanent Ban on Partisan Email Modifications

As part of his ruling, Judge Cooper issued a permanent injunction, prohibiting the administration from “modifying furloughed employees’ out-of-office e-mail messages to include partisan speech.” This directive applies specifically to all members of the American Federation of Government Employees (AFGE), a union representing over 2,000 workers at the Department of Education.

This judicial rebuke provides a clear legal precedent safeguarding the expressive rights of federal employees against government attempts to co-opt their official communications for political messaging, particularly during periods of governmental impasse.