The Trump administration is pushing to require all U.S. federal employees to sign non-disclosure agreements (NDAs) that would block contact with the media, drawing criticism that the move infringes on press freedom.
According to Reuters on Wednesday, a draft NDA released by the U.S. Office of Personnel Management (OPM) states that the administration may pursue civil and criminal liability against new and current federal employees who violate the agreement. Each agency will decide whether to adopt the NDA.
Retired federal employees would also need written permission from an authorized agency to disclose information designated as confidential by the Trump administration. Violations could result in civil and criminal sanctions. The draft also specifies that the government has the right to recover any profits gained by employees who disclose information in violation of the NDA.
The NDA, however, would not apply to disclosures protected under the Whistleblower Protection Act of 1989, which covers federal employees who report violations of law, mismanagement, and wasteful spending to administrative inspectors and Congress.
Critics say the measure is an extension of the second Trump administration's pattern of "silencing the media." President Trump has filed lawsuits against several news organizations, including The Wall Street Journal, which reported on a birthday letter to convicted sex offender Jeffrey Epstein. The White House restricted news-gathering access for The Associated Press after it refused to comply with a demand to rename the "Gulf of Mexico" the "Gulf of America." A court later blocked the move, and the restrictions have since been lifted.
"Aggressive attempts to suppress communication between government employees and reporters ultimately make it harder for the public to access newsworthy information," said Gabe Rottman, vice president of policy at the Reporters Committee for Freedom of the Press.
Greg Greubel, an attorney at the nonprofit Foundation for Individual Rights and Expression, stressed that "the government should protect classified information, but it should not impose a sweeping gag order." He added, "The public has a right to know how the government operates."
