Las Vegas airport cites political neutrality requirement for not using Noem video

Editor’s note: “Behind the News” is the product of Sun staff assisted by the Sun’s AI lab, which includes a variety of tools such as Anthropic’s Claude, Perplexity AI, Google Gemini and ChatGPT.

Harry Reid International Airport in Las Vegas has announced it will not run a new video being rolled out at airports across the country in which Homeland Security Secretary Kristi Noem blames Democrats for the ongoing government shutdown. In the video, Noem states: “It is TSA’s top priority to make sure that you have the most pleasant and efficient airport experience as possible. However, Democrats in Congress refuse to fund the federal government, and because of this, many of our operations are impacted.”[1][4]

The Trump administration’s rollout of this TSA video is widely viewed as crossing the line into partisan propaganda, with many officials and legal experts pointing to violations of the Hatch Act — though legal enforcement is complex for top-level appointees.[1] Besides Harry Reid, Phoenix, Seattle-Tacoma and New York’s Niagara airports are among those that have refused to air the video.[2] Municipal and state officials cite the Hatch Act and local statutes prohibiting political use of public resources, emphasizing that airport environments should remain nonpartisan to serve all travelers equitably.[2]

What is the Hatch Act?

The Hatch Act of 1939, named after Sen. Carl Hatch, D-N.M., restricts federal employees from using their official positions to conduct partisan political activity.[3] Its purpose is to maintain the integrity of government operations, preventing misuse of federal authority for political gain and protecting employees from political pressure at work. The act was a response to allegations that New Deal agencies were being used for political advantage, especially around federal employment and spending in swing states.[3]

The law prohibits most federal officials — except the president and vice president — from engaging in partisan political activities while performing their official duties, using government resources or on federal property.[4]

Federal employees cannot:

• Use their official authority or influence to interfere with or affect the results of an election, such as endorsing candidates or influencing subordinates for partisan activities[3]
• Solicit, accept or receive political contributions for a partisan candidate party, or group — including hosting, promoting or selling tickets to fundraisers[5]
• Run for office in a partisan election, or actively campaign for a candidate or party while on duty or in a federal building[3]
• Engage in any political activity directed at the success or failure of a political party, candidate or group while on duty, using government property — including distributing, displaying or posting campaign materials, or making political contributions in the federal workplace[6]
  Some agencies, such as the FBI, CIA, Secret Service and federal law enforcement, are subject to stricter rules: Their employees cannot participate in active partisan campaigns even when off-duty.[7]

Enforcement history and weakness

While rank-and-file employees can be suspended, demoted or fired for Hatch Act violations, enforcement for presidential appointees is especially weak and depends largely on the president’s willingness to discipline senior staff.[1] The Office of Special Counsel investigates and publicly reports violations but cannot independently punish top officials.[3]

Historically, the Hatch Act has not been directly enforced against sitting presidents because the law explicitly excludes the president and vice president from its provisions.[16] For violations by senior White House staff or presidential appointees, the OSC investigates and issues reports recommending disciplinary action to the president, who holds ultimate discretion to impose discipline, if any.[3] Historically, presidents have almost never disciplined appointees for Hatch Act violations, even in repeated or clear-cut cases.[8]

In 2024, the OSC briefly shifted its stance and attempted to seek disciplinary action for senior White House officials through the Merit Systems Protection Board, but reverted to its prior practice of reporting violations only to the president in 2025, leaving enforcement a matter of presidential discretion.[9]

Trump administration violations

The first Trump administration had numerous Hatch Act violations documented. The OSC found 13 senior Trump administration officials — including Cabinet members and White House staff — had violated the Hatch Act during the 2020 presidential election campaign, by using their official positions and resources for partisan political activity.[10]

Examples included Kellyanne Conway, Mark Meadows, Mike Pompeo, Kayleigh McEnany, Jared Kushner and Stephen Miller. Conway’s case was especially notable — OSC recommended her removal after repeated violations, but President Donald Trump declined to take action.[11] The use of the White House as a staging ground for the Republican National Convention and the airing of campaign-related content by officials during official duties were cited as violations, yet no disciplinary steps were taken by the president.[12]

During the second Trump administration, possible violations of the Hatch Act have been constant, according to watchdog groups and ethics experts. These include a potential violation on the Department of Justice page advising workers that they’re subject to the act.[17]

While other administrations have faced Hatch Act scrutiny, no previous executive has displayed the same “apparent impunity” in broadcasting partisan messages in public settings like airports.[1]

Recourse and prevention

Though formal punishments have never been taken and are similarly unlikely with the Trump administration, immediate recourse for overstepping political speech by federal officials includes public pressure campaigns, urging airports and local jurisdictions to refuse airing partisan content, and formal statements from Congress condemning misuse of federal platforms. Long-term, statutory reforms to strengthen enforcement mechanisms and clarify penalties for political messaging by Cabinet-level appointees are under discussion.[13]

The government shutdown

The current government shutdown is the result of a budget impasse between Republican and Democratic lawmakers. Democrats seek measures extending affordable health insurance subsidies and reversing Medicaid cuts, while Republicans — holding a congressional majority but lacking a filibuster-proof margin in the Senate — push for broad spending reductions.[15] Trump’s administration has pursued significant downsizing since January and the deadlock threatens further cuts. A House-approved temporary funding bill stalled in the Senate due to insufficient votes, forcing partial government closure and ongoing disruption for federal employees and public services.[15]

Sources
[1] https://www.forbes.com/sites/suzannerowankelleher/2025/10/13/airports-refuse-dhs-video-blaming-democrats-shutdown-not-hatch-act-violation/
[2] https://www.cnn.com/2025/10/13/us/kristi-noem-tsa-video
[3] https://osc.gov/Documents/Outreach%20and%20Training/Handouts/A%20Guide%20to%20the%20Hatch%20Act%20for%20Federal%20Employees.pdf
[4] https://lasvegassun.com/news/2025/oct/13/las-vegas-airport-wont-use-dhs-video-over-politica/
[5] https://dodsoco.ogc.osd.mil/Portals/102/hatch_act_q_a_less_restricted.pdf
[6] https://www.afge.org/article/a-2024-election-reminder-what-you-can-and-cannot-do-under-hatch-act/
[7] https://www.fedmanagers.org/The-Hatch-Act
[8] https://www.citizensforethics.org/news/analysis/white-house-staff-will-now-face-real-consequences-if-they-violate-the-hatch-act/
[9] https://www.citizensforethics.org/news/analysis/under-temporary-leadership-osc-reverses-progress-on-hatch-act/
[10] https://www.pbs.org/newshour/politics/probe-finds-trump-officials-repeatedly-violated-hatch-act
[11] https://www.congress.gov/event/116th-congress/house-event/LC64137/text
[12] https://osc.gov/documents/hatch%20act/reports/investigation%20of%20political%20activities%20by%20senior%20trump%20administration%20officials%20during%20the%202020%20presidential%20election.pdf
[13] https://raskin.house.gov/2025/10/raskin-statement-on-trump-administration-s-politicization-of-federal-civil-service-possible-violations-of-the-hatch-act
[14] https://www.msnbc.com/top-stories/latest/kristi-noem-video-airports-government-shutdown-democrats-rcna237419
[15] https://www.bbc.com/news/articles/crrj1znp0pyo
[16] https://osc.gov/Services/Pages/HatchAct-Federal.aspx