Federal Workers Have Anti-Gag Rights. Here’s How to Use Them.
An effective government relies on employees who can raise concerns without fearing retaliation. Yet, despite clear laws protecting civil servants who report wrongdoing, some agencies still issue restrictive nondisclosure agreements, directives, or informal policies—collectively known as “gag orders”—that could unlawfully suppress whistleblowing. Congress has clearly affirmed, through multiple statutes, that these restrictions cannot override federal workers’ whistleblower rights, and understanding those laws is a public servant’s first step to asserting their rights when censored.
What counts as a “gag order”?
Under federal law, a gag order is any policy, form, or agreement that restricts or discourages a federal employee from communicating information either within or outside of their agency. These orders may appear as written nondisclosure agreements, official email communications, agency-wide directives, or even verbal instructions from a manager. Regardless of form, if an order restricts lawful whistleblowing disclosures, it can be considered unlawful.
Which laws protect whistleblowers from gag orders?
Federal employees’ rights to report wrongdoing have existed for more than a century. The Lloyd-LaFollette Act of 1912 was established to ensure that federal workers could freely communicate concerns to Congress without fear of reprisal. Since then, these protections have been reinforced multiple times, most...
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