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Federal Union Sues Education Department Over Partisan Shutdown Auto-Replies

Union lawyers argue the altered auto-replies compel partisan speech in violation of the First Amendment.

Overview

  • The American Federation of Government Employees filed a complaint in D.C. federal court seeking an injunction to stop the Education Department from inserting political text into employees’ out-of-office emails.
  • The lawsuit says many staff discovered their auto-replies were replaced without consent with language blaming Senate Democrats for blocking H.R. 5371, and some who removed it saw the partisan wording restored.
  • Roughly 87% of department employees were furloughed, leaving many unable to access accounts to correct the messages as replies continued to go out in their names.
  • Deputy Assistant Secretary for Communications Madi Biedermann defended the message, saying it simply explains the lack of response because Senate Democrats refuse to vote for a clean continuing resolution.
  • Screenshots show similar partisan language on other agency sites and communications, including HUD, VA and SBA, and Rep. Robert Garcia has asked the U.S. Office of Special Counsel to investigate potential Hatch Act violations.