Partisan Pop-Up on HUD.gov Raises Legal Red Flags
appropriations law federal employment hatch act hud public service integrity Sep 30, 2025Recently, visitors to HUD.gov—the official website of the Department of Housing and Urban Development—were met with a startling pop-up: “The Radical Left are going to shut down the government… The Trump administration wants to keep the government open for the American people.”
On its face, this may look like politics-as-usual. But when such messaging appears on an official, taxpayer-funded platform, it collides with federal law in several ways that matter deeply to career civil servants.
The Purpose Rule and Misuse of Funds
Congress appropriates money to agencies for specific purposes: administering housing vouchers, enforcing fair housing rights, or responding to disasters. Under the “purpose rule,” those funds cannot be redirected to partisan advocacy. A splash screen praising one administration while disparaging political opponents does not explain a benefit—it campaigns. That’s a misuse of appropriated funds.
Annual “Publicity or Propaganda” Bans
Every year, appropriations bills forbid agencies from engaging in “publicity or propaganda” activities. Watchdogs and the Government Accountability Office have consistently drawn the line between factual program communication (acceptable) and partisan messaging (forbidden). A HUD.gov pop-up framing one party as obstructive while casting another as a savior lands firmly in the latter category.
The Hatch Act Risks for Employees
While the Hatch Act primarily governs federal employees, not agencies as entities, it bars employees from using their official authority for partisan purposes. If a HUD employee created or approved the pop-up while on duty, that individual may face Hatch Act scrutiny. In practice, this can mean an OSC investigation, disciplinary action, or even removal for serious violations.
What Federal Employees Can Do
If you encounter something similar on a federal site, here are practical steps to protect yourself and the integrity of government service:
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Document it. Take a screenshot with the URL and visible time/date. If possible, save the source code or cached version.
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Report it. Contact the agency’s Inspector General, the U.S. Office of Special Counsel (for potential Hatch Act issues), and your Member of Congress.
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Stay professional. Do not post partisan responses from your government email or on duty. Instead, use personal channels and follow proper reporting paths.
Mindful Perspective
For career federal employees, moments like this can feel destabilizing. But mindfulness reminds us: focus on what is within your control. You cannot prevent improper messaging from appearing on an agency site, but you can document it carefully, follow lawful reporting channels, and continue serving the public with integrity. Neutrality is not weakness—it’s the backbone of federal service.
Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.
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