Proposed NDAs for federal workers spark diverse backlash

A proposal by the Trump administration to push federal workers to sign nondisclosure agreements (NDAs) has sparked accusations that the White House is trying to silence its workforce, including those who have been speaking to the press.

The Office of Personnel Management (OPM) on Tuesday proposed crafting NDAs for both new and existing employees, saying it was a response to “major leaks.” Those who violate the policy, as well as those who refuse to sign it, could be fired.

Although NDAs are standard in some industries, the rollout prompted criticism from unions, press groups and those who represent government whistleblowers, who say the policy is just the latest effort to stifle federal workers and even push them out the door.

The legality of the proposal has also been questioned, as all Americans, including those in the federal workforce, cannot have their First Amendment rights trampled by the government.

“You can absolutely style a legal and constitutional NDA, and you can absolutely style a wildly illegal and unconstitutional NDA,” Jessica Levinson, a constitutional law professor at Loyola Law School, told The Hill.

“The First Amendment only applies as a protection against government action, not private action. … Any other private employer can, by contract, require that you not talk about a whole bunch of things, and that’s pretty routine, but when it comes to not a private employer, but the government acting as your employer, then the First Amendment is implicated. And then you have to make sure that an NDA still allows for public employees to engage in protected speech.”

President Trump routinely used NDAs in his own businesses before running for office, but it’s the first time the government has sought to bring them into the public realm.

Federal employees are already prohibited from sharing certain types of sensitive information, and the law includes stiff criminal penalties for those who leak classified information. But if enacted, the proposal outlines additional strict penalties, including termination, if employees share “non-public, confidential, or proprietary information” or any information related to the internal........

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