Legal Experts Warn Federal Workers Against Venting On Social Media

Misery loves company, and social media has become a place where too many people go to find solace and voice their complaints about politics, the workplace, and even the state of the country. That doesn’t matter who is in the White House, it just means a different crowd is doing the complaining.

For federal workers, now isn’t the time to do rant and rave about the state of the country on social media – not that it was ever a good idea.

It also isn’t the time and social media shouldn’t be the place for federal workers to take a victory lap, or over share their support for the changes now being made. This is especially true for cleared government workers, even if what is being posted is classified.

“From a clearance perspective, it is never a good idea to voice strong political opinions on social media because the ordinary risks of social media engagement are heightened,” explained Elisabeth M. Baker-Pham, partner specializing in employment law at the offices of Kalijarvi, Chuzi, Newman & Fitch.

“For example, voicing strong opinions on social media usually leads to contentious debates,” Baker-Pham warned. “And, contentious debates can often lead to misconstrued statements or comments one may later regret. While this may not be a problem in a conversation about whether dogs are superior to cats, today’s hot button topics are much more likely to touch on security-significant issues such as foreign policy, immigration, diversity efforts, and even national security itself.”

In other words, having opinions on various hot button issues is not problematic in itself, yet, an impassioned and regrettable tweet may very well be.

“Security clearance holders also need to be very cautious in discussing issues related to their work environment and should always err on the side of nondisclosure,” Baker-Pham added. “If there are issues of public concern that they think should be shared, they should seek guidance on the appropriate reporting channels.”

A Hatch Act Violation In The Making

Many federal employees should also be reminded of the Hatch Act, the federal law passed in 1939 – and named for Senator Carl Hatch of New Mexico, who introduced the legislation. It specifically prohibits civil-service employees in the executive branch from engaging in some forms of political activity. Though the president and vice president are exempt, it applies to nearly everyone else in the branch.

“Civil servants do have to consider the implications of the Hatch Act on their continued suitability for employment, and the agencies have written guidelines for their employees on what is and is not generally permissible,” said Brad Moss, partner of the Mark Zaid Law Offices.

Even if the posts on social media aren’t violating the Hatch Act, it probably isn’t a good idea to be especially vocal in criticizing any ongoing changes.

“Needless to say, the easiest way for a civil servant to find themselves on the firing line right now is to publicly voice an inflammatory political position against the president,” cautioned Moss.

“In normal times private thoughts on social media that generally relate to political views concerning any particular administration would not be an issue, much less tracked,” added Mark Zaid, founding partner at the Mark Zaid law firm. “In Trump 2.0, and the use of AI to scour social media, I would not rule out anything viewed as unfavorable towards this administration being used against a federal employee for purposes of disciplinary action, suitability determinations or clearance adjudications.”

Remember Administrations Come And Go

While now isn’t the time to express resentment of the government, the flipside is also true. Federal workers need to remember that presidential administrations last four years, eight if the Oval Office occupant is reelected. The country has seen the pendulum swing back and forth wildly in recent years, so all career government employees should think beyond just the next four years, because too much praise for the current occupant could be a problem down the road.

“The Internet never forgets,” said Baker-Pham. “As we have seen from time to time, years-old social media posts resurface to cause issues – including in employment – for the poster. Maybe the post lacks context, maybe the person no longer holds the views espoused, but it’s better to avoid the risk altogether.”

Moss concurred with those sentiments, offering advice to all federal employees, contractors, as well as all working professionals in general that they should remember that the Internet is written in ink, not pencil.

“Expect that what you post on a given Friday night will be viewed at some point in the future by someone who might have adverse interests,” Moss suggested.

“This is just good practice in general,” Baker-Pham continued. “When it comes to risk mitigation, the best social media is no social media.”