Revised February 2018
Hatch Act Guidance on Social Media
The U.S. Office of Special Counsel (OSC) routinely receives questions from federal employees
and others about when the use of social media could violate the Hatch Act. Social media platforms are
easily accessible to most employees while at work—on computers, smartphones, or other devices. OSC
has created this guidance to help federal employees understand what the Hatch Act does and does not
allow when using social media.
1
In general, all federal employees may use social media and comply with the Hatch Act if they
remember the following three prohibitions:
(1) On Duty or in the Workplace Prohibition – Employees may not engage in political activity while
on duty or in the federal workplace.
(2) 24/7 Prohibition – Employees may not knowingly solicit, accept, or receive a political
contribution for a political party, candidate in a partisan race, or partisan political group.
(3) 24/7 Prohibition – Employees may not use their official authority or influence to affect the
outcome of an election.
Some employees are considered “further restricted” under the Hatch Act.
2
In addition to the
three prohibitions above, further restricted employees are subject to a fourth prohibition:
(4) 24/7 Prohibition – Further restricted employees may not take an active part in partisan political
management or campaigning.
As such, further restricted employees may not engage in political activity on behalf of or in
concert with a political party, candidate in a partisan race, or partisan political group. For instance,
taking an “active part” would include: distributing material created by a political party, candidate in a
partisan race, or partisan political group; speaking at a political rally organized or sponsored by such
entities; or serving as a campaign volunteer.
This guidance will discuss each of the above prohibitions in turn. The last prohibition discussed
is applicable only to further restricted employees. There are some very limited exceptions to these
prohibitions for certain employees in specific positions and, when in doubt, employees are encouraged
to contact OSC at hatchact@osc.gov or (202) 804-7002 with any additional questions.
1
This Hatch Act Guidance supersedes OSC’s prior guidance on social media in 2012 and 2015.
2
You are a further restricted employee under the Hatch Act if you are a career member of the Senior Executive
Service, an administrative law judge, a contract appeals board member, an administrative appeals judge, or if you work
in one of the following agencies, or agency components: (1) Central Intelligence Agency; (2) Criminal Division of the
Department of Justice; (3) Defense Intelligence Agency; (4) Election Assistance Commission; (5) Federal Bureau of
Investigation; (6) Federal Election Commission; (7) Merit Systems Protection Board; (8) National Geospatial-
Intelligence Agency; (9) National Security Agency; (10) National Security Council; (11) National Security Division of
the Department of Justice; (12) Office of Criminal Investigation of the Internal Revenue Service; (13) Office of the
Director of National Intelligence; (14) Office of Investigative Programs of the United States Customs Service; (15)
Office of Law Enforcement of the Bureau of Alcohol, Tobacco, and Firearms; (16) Office of Special Counsel; or (17)
Secret Service. See 5 U.S.C. § 7323(b)(2)-(3).