A coalition led by the Society of Professional Journalists (SPJ) is urging the Trump administration to abandon a proposal that would allow federal agencies to require employees to sign nondisclosure agreements, warning that the measure could discourage whistleblowers, limit communication with journalists, and reduce public access to information about the workings of government.
Concerns Over Free Speech
The proposal would establish a government-wide NDA that agencies could require current employees and new hires to sign. According to the U.S. Office of Personnel Management, the agreement is intended to reinforce existing obligations to protect sensitive information and prevent unauthorized disclosures. However, critics argue that the proposal reaches far beyond classified information and could have a chilling effect on lawful speech.
Esha Bhandari, director of the Speech, Privacy and Technology Project at the American Civil Liberties Union, called the proposal an effort to restrict press freedom. “The First Amendment applies most strongly to government employees’ speech when the speech in question is in their private capacity and about matters of public concern,” Bhandari said in a statement.
Whistleblower Protections
The proposal has also drawn scrutiny from lawmakers, including Sen. Chuck Grassley (R-Iowa), one of the Senate’s most prominent advocates for whistleblower protections. In a letter to the U.S. Office of Personnel Management and in remarks on the Senate floor, Grassley warned that the proposed agreement does not clearly incorporate federal anti-gag provisions designed to protect employees who report waste, fraud, abuse, or violations of law.
Federal law requires agencies that use nondisclosure agreements to notify employees that those agreements do not override whistleblower rights, including the right to communicate with Congress, inspectors general, and the Office of Special Counsel. “Legally protected whistleblower disclosures aren’t leaks,” Grassley said. “Legally protected whistleblower disclosures aren’t unauthorized disclosures.”
Original reporting: The Washington Informer — read the source article.
