FOR IMMEDIATE RELEASE:
December 13, 2021
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 important as retaliation protections because prior restraint keeps the truth a secret. While anti-gag rights have been the law since 1989, most agencies are unaware or ignore them. That’s why it is so important that the Office of Special Counsel has obtained corrective action to stop gags in cases where violations were exposed. None were more important than keeping open the flow of truth about COVID-19.”
Open the Government Policy Analyst Freddy Martinez said:
“The ruling by the Office of Special Counsel (OSC) confirms the allegation by Open the Government and Government Accountability Project that Trump-era officials unlawfully gagged scientists during the outbreak of the pandemic. Documents reviewed by OSC prove that officials at Health and Human Services (HHS) clamped down on damaging information about the severity of COVID-19 and limited the free speech of its scientists. When creating its press policies, HHS officials disregarded its employee’s important whistleblower rights in favor of secrecy. This ruling by OSC is an important step in holding government officials accountable for their secrecy during the pandemic.”
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Contact: Andrew Harman, Communications Director
Email: [email protected]
Phone: (202) 926-3304
Government Accountability Project
Government Accountability Project is the nation’s leading whistleblower protection organization. Through litigating whistleblower cases, publicizing concerns and developing legal reforms, Government Accountability Project’s mission is to protect the public interest by promoting government and corporate accountability. Founded in 1977, Government Accountability Project is a nonprofit, nonpartisan advocacy organization based in Washington, D.C.