FOR IMMEDIATE RELEASE:
OSC Decision Reaffirms Federal Whistleblowers’ Rights Against Gag Orders
WASHINGTON – Following an investigation, the Office of Special Counsel (OSC) has determined that the Department of Health and Human Services (HHS) must modify its policies to include a legally required anti-gag order qualifier. This follows a letter Government Accountability Project and Open the Government sent to the OSC in February 2021 alerting it to illegal gag orders issued by HHS political leadership in the summer of 2020.
Government records obtained through FOIA showed that former HHS Assistant Secretary for Public Affairs, Michael Caputo, and his senior advisor, Dr. Paul Alexander, restricted HHS workers’ First Amendment speech rights without reminding them of their whistleblowing rights as required by law. Whistleblower and appropriations laws disallow government managers from restricting their workers’ speech without reminding them of whistleblowing protections.
These gag orders came at a critical time for public health, as the world faced a crisis with the rapid spread of COVID-19. The violation of anti-gag rights creates a chilling effect on workers, which can have major consequences for the public – especially during a global health emergency. The OSC’s determination in this investigation is not only a win for whistleblowers, but anyone who values truth and accountability.
Government Accountability Project Legal Director Tom Devine commented:
“Anti-gag laws are as...
migrants to fake being gay to claim asylum in the U. K. . . . Law360 is on it, so you are, too. A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so ...