Judge says Education Dept partisan out-of-office emails violated First Amendment

Enforceability and Practical Impact of Rulings

• Some argue judgments are “ignored with zero consequences,” eroding rule of law; others respond that the executive branch still usually complies with final court orders.
• There’s concern SCOTUS fears open defiance by a president, which might explain cautious or “ridiculous” rulings seen as preserving the Court’s relevance.
• Several comments connect this to Trump-era decisions on presidential immunity and “official acts,” debating whether earlier prosecution would have prevented current problems.

Compelled Speech vs Restricted Speech

• Multiple commenters stress the distinction between:
  • Restricting what employees may say on the job (common and often lawful), and
  • Compelling them to say something political they do not agree with.
• The out-of-office messages are viewed as the latter: partisan statements being sent in employees’ names without consent, framed as classic compelled speech under the First Amendment.

Rights and Role of Government Employees

• One side: government employees are there to execute the will of elected leaders and don’t “own” work communication channels; they can be required to toe the agency line.
• Other side: civil servants serve the Constitution and the public, not a party; they are legally required to be nonpartisan and cannot be turned into partisan billboards.
• The Hatch Act is repeatedly cited as evidence that overt partisan behavior in official roles is prohibited.

Free Speech, ACLU, and Paradox of Tolerance

• Broader debate breaks out over free speech:
  • Some lament that free speech is “out of vogue” and that groups like the ACLU now selectively defend speech aligned with their politics.
  • Others invoke the “Paradox of Tolerance” to justify limiting hate speech, arguing unbounded tolerance erodes the freedoms of targeted groups.
• There is disagreement over Europe’s more restrictive speech laws: some call them oppressive; others say they are democratically chosen responses to historical atrocities.

Private Platforms, Moderation, and Government Pressure

• Several comments distinguish First Amendment limits on government from private moderation rights (blocking, rate-limiting, labeling someone a troll as speech and association).
• Others argue it becomes a First Amendment problem when platforms act under government pressure or coordination.

Defamation Angle

• A side thread asks whether attributing partisan messages to named employees could be defamation; consensus is “maybe,” if individuals are harmed and seen as personally endorsing prohibited partisan activity, but this is secondary to the First Amendment issue.