Trump White House Advances Plan Requiring Federal Workers to Sign NDAs

The Trump administration has proposed a policy that would require federal government employees to sign nondisclosure agreements to limit damaging or embarrassing information from leaking to the press. The Office of Personnel Management posted a draft notice seeking public comment on plans to allow agencies to use NDAs for both new and existing employees. The policy would also apply to former employees, who would need written permission from an authorized agency official after leaving their job to speak to journalists about information they may want to share. Free speech and press advocates argue that the NDA approach is unusually harsh and likely illegal, potentially undermining First Amendment protections and whistleblower protections. The draft notice claims the NDA form would promote consistency, better protect confidential information, and inform employees of their rights and obligations.

"The Trump administration has proposed a new policy that could require federal government employees to sign nondisclosure agreements (NDAs) in an attempt to limit damaging or embarrassing information from leaking to the press. Such leaks are a normal part of every presidential administration, as are attempts by presidents and their cabinets to limit what information gets out. But free speech and press advocates say that the use of NDAs - a tactic President Donald Trump has utilized for years within his private and corporate life - is unusually harsh and likely illegal."

"The draft notice was posted on Tuesday by the Office of Personnel Management (OPM) and is expected to be published in the Federal Register on Wednesday. It requests public comment over the next month on plans to allow federal agencies to use NDAs "for both new and existing employees." The NDAs would also affect former government employees, who would need "written permission ⁠from an authorized agency official" after leaving their job to speak to journalists regarding information they may want to share."

""OPM believes that a governmentwide NDA form will promote consistency across Government, better protect confidential information, and better inform Federal employees of their rights and obligations regarding confidential information," the draft notice claims. However, the document itself seems contradictory at times. While it heavily implies that employees should be restricted from sharing confidential government information, the document admits that there are"

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