The Department of Education Unilaterally Changed Employees' Out-of-Office Email Notices

On October 2, 2025, Department of Education employees discovered that their out-of-office messages utilized during the 2025 government shutdown had been automatically updated to read: “Thank you for contacting me. On September 19, 2025, the House of Representatives passed H.R. 5371, a clean continuing resolution. Unfortunately, Democratic 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 on furlough status. I will respond to emails once government functions resume.” On November 7, 2025, the U.S. District Court for the District of Columbia held the unilateral revision of employees’ out of office messages violated the employees’ First Amendment rights and ordered the messages removed.