An advocacy group for the National Head Start Program filed a lawsuit June 12 accusing the Bush administration of violating the free-speech rights of local Head Start staff members and their stakeholders by trying to stifle an electronic campaign to save the program in its current format.

At issue is whether local Head Start chapters can use computers at federally funded facilities to engage in any political activity. But the lawsuit is merely the latest salvo in an increasingly heated political battle over the future of Head Start, which promotes educational opportunities for underserved preschoolers.

The suit, filed in U.S. District Court for the District of Colombia by the National Head Start Association (NHSA)—a private, nonprofit group of 1,100 members who receive and administer Head Start funds—comes in response to a May 8 letter from the U.S. Department of Health and Human Services (HHS), sent to Head Start programs nationwide, warning that their political activities are "governed" and "restricted or limited by federal law."

According to the letter—handed down by Windy Hill, associate commissioner for the federal Head Start Bureau—the Head Start Act "proscribes the use of programs funds, personnel, or services to support any partisan or nonpartisan political activity," which would include the use of Head Start staff time and facilities—including computers—to lobby against federal plans for the program's future.

But NHSA, which recently launched a web site called Save Head Start—an online forum that encourages parents, Head Start employees, and other stakeholders to send electronic correspondence to their governors and Congressional representatives in support of the program—claims the letter was too vague, contained veiled threats of criminal and civil prosecution, and did not offer proper guidance as to "what is and what is not lawful," according to a response filed May 28 by Sarah Greene, NHSA's chief executive.

In her response, Greene struck hard at the ambiguous nature of Hill's letter, demanding the bureau release a statement to clarify that the only limitation placed on free expression under the law applies to the use of federal funds. "A statement to that effect is needed," she said, "to assure Head Start agencies that they may freely express their views."

When no response was issued, NHSA filed its lawsuit, which asks the federal court to enjoin any action related to Hill's letter.

"It is and always has been NHSA's understanding that expression of views on legislation is protected by the First Amendment of the Constitution and that there is no restriction or limitation on a Head Start program or its staff, parents, or board members from expressing views on legislation to members of Congress, to the press, or to others in their communities, provided they do not use federal funds in expressing those views in the process," Greene said in her letter.