IRS issues new bulletin-board rule, union questions whether lawsuit is moot

The IRS adopted a policy allowing only agency-sponsored items on shared bulletin boards, but the NTEU says the change may not end its First Amendment case.

The Internal Revenue Service announced on August 4 that only "agency-sponsored" documents and mandatory non-agency notices may appear on shared bulletin boards, with facilities management retaining sole approval authority. This follows a May 29 directive, reportedly tied to President Trump’s 2025 executive order, that ordered the removal of all NTEU materials from IRS facilities, leading to a lawsuit documenting seized and destroyed union flyers.

In late June the agency and the National Treasury Employees Union agreed to stop the removal campaign and return any undisposed items. The IRS now argues the new policy renders the lawsuit moot, citing content-neutrality, but the union says it needs clearer guidance and fears the rule could mask viewpoint discrimination. The amended complaint also cites a content filter that flags the union’s website as "potentially damaging" and blocks emails from nteu.org, hindering union attorneys in Merit Systems Protection Board cases. While managers and certain attorneys have regained email access, rank-and-file employees remain blocked, leaving the legal challenge unresolved.