DOJ Enacts Controversial Social Media Policy Under New Deputy Attorney General

On April 15, 2025, the U.S. Department of Justice (DOJ) implemented a new policy restricting employees from posting content related to their government work on social media platforms. This directive, issued by Deputy Attorney General Todd Blanche, aims to prevent politically charged online activity by political appointees.

The policy prohibits employees from using their official DOJ titles online, sharing government press releases on personal accounts, or engaging in social media conduct that could harm the department’s efficiency or impartiality. It also forbids employees from injecting personal political views into their work or making statements that could mislead or impact judicial proceedings.

Deputy Attorney General Todd Blanche, who assumed his role on March 6, 2025, is a former federal prosecutor and defense attorney known for representing President Donald Trump during his 2024 criminal trial in New York City. Blanche's legal career includes positions as a prosecutor in the Southern District of New York and as a partner at the law firm Cadwalader, Wickersham & Taft. In November 2024, President-elect Trump announced his intention to nominate Blanche as Deputy Attorney General, and he was confirmed by the Senate on March 5, 2025, with a vote of 52-46.

The policy has elicited criticism from various quarters. Former DOJ attorney Stacey Young argues that the policy suppresses free speech and could be used to target career public servants. Additionally, recent social media posts by department leaders, including Leo Terrell and Aaron Reitz, would likely violate the new policy, raising questions about its enforcement and potential political motivations.

The implementation of this policy has significant implications:

• Free Speech Concerns: Critics argue that the policy may infringe upon employees' First Amendment rights by restricting their ability to express opinions related to their work.

• Political Neutrality: The policy aims to maintain the DOJ's impartiality, but its enforcement may be perceived as politically motivated, especially if applied selectively.

• Employee Morale and Retention: Restrictive policies may affect employee morale and could lead to challenges in retaining or recruiting talent within the department.

While the DOJ has previously had guidelines regarding employees' conduct on social media, this policy represents a more stringent approach by explicitly prohibiting the use of official titles and the sharing of government press releases. The emphasis on preventing politically charged content aligns with broader efforts within the administration to control the narrative and maintain a particular public image.

The DOJ's new social media policy under Deputy Attorney General Todd Blanche marks a significant shift in the department's approach to employee conduct online. While intended to preserve the department's efficiency and impartiality, the policy has sparked debates over free speech rights and the potential for political bias in its enforcement. As the policy is implemented, its impact on the department's operations and public perception will be closely monitored.