Federal workers' use of Internet social media has limits under the Hatch Act

When the Hatch Act was passed in 1939, social media tools like Facebook and Twitter were decades away.

But they are ubiquitous now and the Office of Special Council has received many questions about how the law, which limits the political activity of federal employees, affects these new forms of communication. With the District and Maryland holding primary elections next month and the entire country gearing up for congressional and other elections in November, OSC decided it's a good time to let federal employees know what they can do using social media without running afoul of the law.

The Hatch Act applies to executive branch workers, including postal employees, but not the president and vice president. District government workers also are covered. Congress, however, is considering legislation, introduced by Del. Eleanor Holmes Norton (D-D.C.), that would exclude them once the District enacts a law with the same effect.

Generally, the Hatch Act permits federal employees greater freedom to participate in election activities than many realize. "If you're not on the government dime and you're not in a government building," there's a good chance the activity is allowed, said Ward Morrow, a lawyer for the American Federation of Government Employees.

According to the OSC, "federal employees may not solicit, accept, or receive campaign contributions at any time. Further, they may not use their official authority or influence to affect the result of an election. Finally, they may not engage in political activity while on duty or in a federal workplace."

Those prohibitions carry over to the Twitter and Facebook worlds.

But what happens if you telework and your kitchen table is your federal workplace? That was not addressed in the July guidance.