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Federal Workers Face New NDAs Amid First Amendment Clash

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The Trump administration has issued a draft policy that would require every federal employee to sign a nondisclosure agreement. The Office of Personnel Management says the measure will curb leaks to the press. Critics argue the wording could silence legitimate whistle‑blowing and clash with the First Amendment.

Under the proposal, agencies could mandate the NDA for both new hires and existing staff, with breaches inviting disciplinary action and potential civil or criminal penalties. Supporters claim it mirrors private‑sector practices, while opponents warn it expands beyond current statutes that already bar improper release of classified or personal data that impact public trust.

Lawyers for federal workers cite First Amendment protections for speech made as private citizens, arguing the draft could be challenged in court. The ACLU’s Esha Bhandari warns that such a blanket gag order would leave the public in the dark about government operations, undermining democratic accountability and erode trust in elected officials and officials worldwide.

The proposal opens a 30‑day public comment period, after which agencies may decide whether to adopt the agreement. If enacted, the policy would add a new layer of compliance costs for federal human‑resources departments and could trigger a wave of legal challenges that reshape the balance between national security and free speech for the public.