Case: American Federation of Government Employees v. U.S. Department of Education

1:25-cv-03553 | U.S. District Court for the District of District of Columbia

Filed Date: Oct. 3, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case was filed by furloughed employees at the Department of Education ("DOE") who had their "out of office" messages replaced - without notice or their consent - with partisan language blaming "Democrat Senators" for the shutdown.  On October 3, 2025, the American Federation of Government Employees ("AFGE"), which represents over 2,000 employees at DOE, filed suit in the U.S. District Court for the District of Columbia on behalf of their furloughed members at DOE who had their "out-of-offi…

This case was filed by furloughed employees at the Department of Education ("DOE") who had their "out of office" messages replaced - without notice or their consent - with partisan language blaming "Democrat Senators" for the shutdown. 

On October 3, 2025, the American Federation of Government Employees ("AFGE"), which represents over 2,000 employees at DOE, filed suit in the U.S. District Court for the District of Columbia on behalf of their furloughed members at DOE who had their "out-of-office" messages changed to blame the government shutdown on the Democrats. Plaintiffs brought suit against Secretary of Education Linda McMahon and DOE, alleging that the out-of-office messages constituted unlawfully compelled speech in violation of the First Amendment's Speech Clause. Plaintiffs sought injunctive and declaratory relief barring Defendants from further modifying employee's out-of-office messages. The case was assigned to U.S. District Judge Christopher R. Cooper.

On October 7, 2025, AFGE moved for summary judgment and for an expedited briefing schedule. On October 9, 2025, Judge Cooper granted the motion for an expedited briefing schedule pursuant to Standing Order No. 25-55. Defendants' motion in opposition to Plaintiff's motion for summary judgment is due by October 16, Plaintiffs reply in support of their motion for summary judgment is due by October 21, and Defendants reply in support of their potential cross-motion for summary judgment is due by October 24, 2025. 

On November 4, 2025, Judge Cooper held a hearing on Plaintiffs motion for summary judgment and Defendants cross-motion for summary judgment.

On November 7, 2025, Judge Cooper granted Plaintiffs motion for summary judgment - issuing a declaratory judgment that DOE unlawfully modified employees' out of office messages to include partisan language in violation of the First Amendment - and denied Defendants cross-motion for summary judgment. Defendants were directed to immediately remove any partisan language that they added to DOE out-of-office email messages and were permanently enjoined from adding partisan language to the out-of-office email messages for furloughed DOE employees or DOE employees on administrative leave. 

This case is ongoing.

Summary Authors

Claire Pollard (10/6/2025)

Nick Martire (11/6/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71544779/parties/american-federation-of-government-employees-v-us-department-of-education/


Judge(s)

Cooper, Christopher Reid (District of Columbia)

Attorney for Plaintiff

Coogle, Christine L. (District of Columbia)

Early, Cormac A. (District of Columbia)

Hoshijima, Tsuki (District of Columbia)

Jasrasaria, Jyoti (District of Columbia)

Attorney for Defendant
Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

1:25-cv-03553

Complaint

Oct. 3, 2025

Oct. 3, 2025

Complaint
9-1

1:25-cv-03553

Plaintiff's Memorandum in Support of Motion for Summary Judgment

Oct. 7, 2025

Oct. 7, 2025

Pleading / Motion / Brief
9-3

1:25-cv-03553

[Proposed] Order

Oct. 7, 2025

Oct. 7, 2025

Pleading / Motion / Brief
9

1:25-cv-03553

Plaintiff's Motion for Summary Judgment

Oct. 7, 2025

Oct. 7, 2025

Pleading / Motion / Brief
25

1:25-cv-03553

Memorandum & Opinion

Nov. 7, 2025

Nov. 7, 2025

24

1:25-cv-03553

Order on Motion for Summary Judgment AND Order on Motion for Summary Judgment

Nov. 7, 2025

Nov. 7, 2025

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71544779/american-federation-of-government-employees-v-us-department-of-education/

Last updated Nov. 16, 2025, 3:25 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-12004059) filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Hoshijima, Tsuki) (Entered: 10/03/2025)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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Oct. 3, 2025

Oct. 3, 2025

Clearinghouse
2

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (Hoshijima, Tsuki) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

3

NOTICE of Appearance by Allison Marcy Zieve on behalf of AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (Zieve, Allison) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

4

REQUEST FOR SUMMONS TO ISSUE filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. Related document: 1 Complaint, filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Attachments: # 1 Summons McMahon Summons, # 2 Summons Bondi Summons)(Hoshijima, Tsuki) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

5

NOTICE of Appearance by Cormac A. Early on behalf of AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (Early, Cormac) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

6

SUMMONS (4) Issued Electronically as to LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

7

NOTICE of Appearance by Christine L. Coogle on behalf of AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (Coogle, Christine) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

8

NOTICE of Appearance by James Wen on behalf of LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION (Wen, James) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

Case Assigned/Reassigned

Oct. 6, 2025

Oct. 6, 2025

Case Assigned to Judge Christopher R. Cooper. (znmw)

Oct. 6, 2025

Oct. 6, 2025

10

MOTION to Expedite re 9 MOTION for Summary Judgment by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Attachments: # 1 Text of Proposed Order)(Hoshijima, Tsuki). Added MOTION for Relief from Standing Order on 10/8/2025 (mg). (Entered: 10/07/2025)

1 Text of Proposed Order

View on PACER

Oct. 7, 2025

Oct. 7, 2025

RECAP
9

MOTION for Summary Judgment by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Index of Exhibits, # 5 Declaration Declaration of Everett Kelley, # 6 Declaration Declaration of A. Doe, # 7 Declaration Declaration of B. Doe, # 8 Declaration Declaration of C. Doe, # 9 Exhibit, # 10 Exhibit, # 11 Declaration Declaration of D. Doe, # 12 Declaration Declaration of E. Doe, # 13 Declaration Declaration of F. Doe, # 14 Declaration Declaration of G. Doe, # 15 Declaration Declaration of H. Doe, # 16 Declaration Declaration of I. Doe, # 17 Declaration Declaration of J. Doe, # 18 Declaration Declaration of K. Doe, # 19 Declaration Declaration of L. Doe, # 20 Declaration Declaration of M. Doe, # 21 Declaration Declaration of N. Doe, # 22 Declaration Declaration of O. Doe, # 23 Declaration Declaration of P. Doe, # 24 Declaration Declaration of Q. Doe, # 25 Declaration Declaration of R. Doe, # 26 Declaration Declaration of Lara Vaive, # 27 Exhibit)(Hoshijima, Tsuki) (Entered: 10/07/2025)

1 Memorandum in Support

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2 Statement of Facts

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3 Text of Proposed Order

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4 Index of Exhibits

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5 Declaration Declaration of Everett Kelley

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6 Declaration Declaration of A. Doe

View on RECAP

7 Declaration Declaration of B. Doe

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8 Declaration Declaration of C. Doe

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9 Exhibit

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10 Exhibit

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11 Declaration Declaration of D. Doe

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12 Declaration Declaration of E. Doe

View on PACER

13 Declaration Declaration of F. Doe

View on PACER

14 Declaration Declaration of G. Doe

View on PACER

15 Declaration Declaration of H. Doe

View on RECAP

16 Declaration Declaration of I. Doe

View on PACER

17 Declaration Declaration of J. Doe

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18 Declaration Declaration of K. Doe

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19 Declaration Declaration of L. Doe

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20 Declaration Declaration of M. Doe

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21 Declaration Declaration of N. Doe

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22 Declaration Declaration of O. Doe

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23 Declaration Declaration of P. Doe

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24 Declaration Declaration of Q. Doe

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25 Declaration Declaration of R. Doe

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26 Declaration Declaration of Lara Vaive

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27 Exhibit

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Oct. 7, 2025

Oct. 7, 2025

Clearinghouse
11

ERRATA to correct technical errors by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES re 9 Motion for Summary Judgment,,,,. (Attachments: # 1 Corrected motion, # 2 Corrected memorandum, # 3 Corrected statement of facts, # 4 Corrected proposed order)(Hoshijima, Tsuki) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

12

NOTICE of Appearance by Robin F. Thurston on behalf of AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (Thurston, Robin) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

13

NOTICE of Appearance by Jyoti Jasrasaria on behalf of AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (Jasrasaria, Jyoti) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

14

Memorandum in opposition to re 10 MOTION to Expedite re 9 MOTION for Summary Judgment filed by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Wen, James) (Entered: 10/08/2025)

1 Text of Proposed Order

View on PACER

Oct. 8, 2025

Oct. 8, 2025

RECAP

Scheduling Order

Oct. 9, 2025

Oct. 9, 2025

MINUTE ORDER: Having reviewed the Plaintiff's 10 Motion for an Expedited Briefing Schedule and the Defendants' 14 Opposition, the Plaintiff's motion is GRANTED IN PART. The Court finds that the Plaintiff is entitled to relief from Standing Order No. 25-55 (Oct. 1, 2025). The Court further finds that because the case has proceeded directly to merits briefing, Defendants are entitled to file a cross-motion for summary judgment. The Court therefore sets the following briefing deadlines: Defendants shall file an opposition to Plaintiff's motion for summary judgment and any cross-motion for summary judgment by October 16, 2025; Plaintiffs shall file a reply in support of its motion for summary judgment and its opposition to Defendants' cross-motion for summary judgment (if any) by October 21, 2025; and Defendants shall file a reply in support of their motion for summary judgment by October 24, 2025. The Court will determine if a motions hearing is necessary following its review of Defendants' opposition brief. Signed by Judge Christopher R. Cooper on 10/9/2025. (lccrc1)

Oct. 9, 2025

Oct. 9, 2025

15

Cross MOTION for Summary Judgment by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Chase Forrester, # 4 Text of Proposed Order)(Wen, James) (Entered: 10/16/2025)

1 Memorandum in Support

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2 Statement of Facts

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3 Declaration of Chase Forrester

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4 Text of Proposed Order

View on PACER

Oct. 16, 2025

Oct. 16, 2025

RECAP
16

REPLY to opposition to motion re 9 Motion for Summary Judgment,,,, filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Hoshijima, Tsuki) (Entered: 10/21/2025)

Oct. 21, 2025

Oct. 21, 2025

17

Memorandum in opposition to re 15 Cross MOTION for Summary Judgment filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Hoshijima, Tsuki) (Entered: 10/21/2025)

Oct. 21, 2025

Oct. 21, 2025

RECAP
18

MOTION for Leave to File Amicus Brief by CAMPAIGN LEGAL CENTER. (Attachments: # 1 Corporate Disclosure Statement, # 2 Exhibit A - Proposed Amicus Brief)(O'Donnell, Renata) (Entered: 10/24/2025)

1 Corporate Disclosure Statement

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2 Exhibit A - Proposed Amicus Brief

View on RECAP

Oct. 24, 2025

Oct. 24, 2025

19

REPLY to opposition to motion re 15 Motion for Summary Judgment filed by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Wen, James) (Entered: 10/24/2025)

Oct. 24, 2025

Oct. 24, 2025

RECAP

.Order AND ~Util - Set/Reset Hearings

Oct. 29, 2025

Oct. 29, 2025

~Util - Set/Reset Hearings

Oct. 29, 2025

Oct. 29, 2025

ENTERED IN ERROR....MINUTE ORDER: The parties are directed to appear for a hearing on Plaintiff's 9 Motion for Summary Judgment and Defendants' 15 Cross-Motion for Summary Judgment set for 11/4/2025 at 11:00 AM in Courtroom 27A (in person) before Judge Christopher R. Cooper. Signed by Judge Christopher R. Cooper on 10/29/2025. (lccrc1) Modified on 10/29/2025 (zlsj).

Oct. 29, 2025

Oct. 29, 2025

MINUTE ORDER: The parties are directed to appear for a hearing on Plaintiff's 9 Motion for Summary Judgment and Defendants' 15 Cross-Motion for Summary Judgment set for 11/4/2025 at 11:00 AM in Courtroom 27A (in person) before Judge Christopher R. Cooper. Signed by Judge Christopher R. Cooper on 10/29/2025. Signed by Judge Christopher R. Cooper on 10/29/2025. (lsj)

Oct. 29, 2025

Oct. 29, 2025

20

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LINDA MCMAHON served on 10/16/2025 (Hoshijima, Tsuki) (Entered: 10/30/2025)

Oct. 30, 2025

Oct. 30, 2025

21

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF EDUCATION served on 10/16/2025 (Hoshijima, Tsuki) (Entered: 10/30/2025)

Oct. 30, 2025

Oct. 30, 2025

22

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/17/25. (Hoshijima, Tsuki) (Entered: 10/30/2025)

Oct. 30, 2025

Oct. 30, 2025

23

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/17/2025. Answer due for ALL FEDERAL DEFENDANTS by 12/16/2025. (Hoshijima, Tsuki) (Entered: 10/30/2025)

Oct. 30, 2025

Oct. 30, 2025

Motion Hearing

Nov. 4, 2025

Nov. 4, 2025

Minute Entry for Motion Hearing held before Judge Christopher R. Cooper on 11/4/2025. Plaintiff's Motion 18 for Leave to File Amicus Brief is GRANTED. Oral arguments submitted on Plaintiff's Motion 9 for Summary Judgment and Defendants' Cross Motion 15 for Summary Judgment. Motions taken under advisement; forthcoming Order. (Court Reporter: Lisa Moreira) (lsj)

Nov. 4, 2025

Nov. 4, 2025

24

ORDER granting Plaintiff's 9 Motion for Summary Judgment, denying Defendants' 15 Cross-Motion for Summary Judgment. See full Order and accompanying Memorandum Opinion for details. Signed by Judge Christopher R. Cooper on 11/7/2025. (lccrc1) (Entered: 11/07/2025)

Nov. 7, 2025

Nov. 7, 2025

Clearinghouse
25

MEMORANDUM OPINION regarding 24 Order granting Plaintiff's 9 Motion for Summary Judgment, denying Defendants' 15 Cross-Motion for Summary Judgment. See full Memorandum Opinion for details. Signed by Judge Christopher R. Cooper on 11/7/2025. (lccrc1) (Entered: 11/07/2025)

Nov. 7, 2025

Nov. 7, 2025

Clearinghouse
26

Notice (Other)

1 Declaration of Candice Jackson

View on RECAP

Nov. 12, 2025

Nov. 12, 2025

Case Details

State / Territory:

District of Columbia

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Oct. 3, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff American Federation of Government Employees filed suit on behalf of furloughed federal workers at the U.S. Department of Education

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of Education Linda McMahon (District of Columbia), Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

District of District of Columbia 1:25-cv-03553

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Reinstatement (job, contract, grant, etc.)

Issues

Presidential/Gubernatorial Authority:

Civil Service