Federal Employees “Do’s” and “Don’ts” of Social Media

Federal employees may want to think twice before they “like” certain posts and political propaganda on social media. That’s because the U.S. Office of Special Counsel (OSC), which is an independent federal investigative and prosecutorial agency, has released new guidance to federal employees regarding their use of social media during elections. The guidance has been published in a five-page frequently asked questions (FAQ) format. The focus of the guidance is to use clear and concise language to highlight the terms of the Hatch Act so that federal employees understand what they can and more importantly cannot post during elections.

According to the OSC, the Hatch Act is a federal law passed in 1939 that limits certain political activities of federal employees. ​The law’s purpose is to ensure that federal programs are administered in a non-partisan fashion, to protect federal employees from political coercion in the workplace, and to ensure that federal employees are advanced based on merit and not based on political affiliation.

As advised by OSC, federal employees can generally avoid violating the Hatch Act if they do not engage in three things: (1) political activity while on duty or in the workplace; (2) political activity in an official capacity at any time; and (3) soliciting or receiving political contributions at any time. For more information about the guidance or OSC, you can visit OSC’s website here.