The politics of social media, where does Hatch Act fit? Published Oct. 26, 2010 By Micah Garbarino Tinker Public Affairs TINKER AIR FORCE BASE, Okla. -- Wherever politics are involved the potential exists for things to get murky. For federal employees and servicemembers who are politically active, there are guidelines to follow when election season rolls around. Servicemembers are bound by Department of Defense directives and federal employees must adhere to the rules of the Hatch Act. Those rules have been in place for a long time, but with the advent of social media sights such as Facebook and Twitter, it can be hard to see where a line is crossed. A new guidance paper from the Office of Special Counsel was recently released that helps clear the picture for federal employees on how the Hatch Act influences social media activity. Some highlights: Can federal employees write a partisan political blog? Yes, as long as they do not do so from the workplace or while on duty or use their official title, position or authority -- in short they should not identify themselves as federal employees. Because federal employees are restricted from soliciting or receiving political contributions, they should not ask for contributions or provide links to political contribution pages. If an employee has included his official title on his personal profile, can he provide his "political views" on Facebook? Yes, simply identifying the political party one supports is not considered political activity. May employees advocate for or against a political party, partisan group or candidate for office on their Facebook pages or the pages of others? Can they become a "friend, fan or like" a political party or candidate? Can they "follow" a Twitter feed? Yes, as long as they follow the Hatch Act rules: not in the workplace or on duty time, not in collection or solicitation of funds, or using their titles or positions in an effort to "bolster their statements." May employees who are "friends" with their subordinates advocate for a political party, partisan group or candidate on their Facebook pages? Yes, as long as they are not directed at specific people. If the employee puts it in the status field it is "akin to the supervisor placing as sign in the front yard." On the other hand if the message is directed specifically at subordinates, this would be viewed as using authority to influence an election. May an employee post a link to a political party, partisan group or candidate on his or "friends" Facebook pages? Yes, as long as it is done off duty, out of the workplace and does not lead directly to a page where readers can contribute money. What should an employee do if one of their "friends" posts a link or solicitation for political contribution on the employee's profile page? Employees will not be held responsible for the act of a third party; however the employee should not post any comments that would "encourage other readers to donate." Can an employee "follow" the official White House Twitter feed, or become a fan on Facebook even when the president is up for reelection? Yes. Can an employee create an alias to start a Facebook or Twitter account and follow a political party, partisan group or candidate? Yes, but the employee is still bound by the Hatch Act even when they are using the Alias. The same rules apply. May an employee or organization create a Facebook or Twitter Page in their official capacity and advocate for or against a political party, partisan group or candidate for election? No, all pages created in an official capacity must remain politically neutral. Any political activities allowed by the Hatch Act must be conducted on an individual's personal account. Basically all the Hatch Act rules that apply to the "public square" also apply to the "public web." The entire paper, including rules for "further restricted" employees, can be found online at: www.osc.gov. For more information about the Hatch Act or political activities, call the Administrative Law Section of the Office of the Staff Judge Advocate at 739-5811.