Political activity in the workplace

  • Published
  • By Capt. Matthew Hughes
  • Law Center
EGLIN AIR FORCE BASE, Fla. --  How many times do you hear about what political activities you can and can't do? Yet despite all this, we continue to see cases involving violations of these rules. As the campaign season heats up and the 2008 presidential election draws near, it is critical that all federal civilian employees and active duty military personnel understand that they are strictly prohibited from engaging in ANY partisan political activity at the workplace.

While both military members and civilian employees are prohibited from engaging in political activities at work, separate rules apply. The Hatch Act (available at http://www.osc.gov/ha_fed.htm) applies to civilians and DoD Directive 1344.10, Political Activities by Members of the Armed Forces (available at http://fvap.gov/resources/media/doddirective134410.pdf) applies to military members. Whereas the Hatch Act allows most civilians to actively participate in political activities on their own time outside of work, DoDD 1344.10 generally prohibits active duty military members from engaging in partisan activities, even on their own time.

As the presidential election draws near, you'll have an increasing opportunity to study the candidates and the issues and take part in the national political discussion. And you do not lose your 1st Amendment right to free speech just because you happen to work for Uncle Sam. Not all political conversations are prohibited. You are allowed to express your personal opinion. In fact, the rules state that a military member on active duty may, "...express a personal opinion on political candidates and issues, but not as a representative of the Armed Forces."

But if you work on a military base, you simply can't campaign for a political cause, party or candidate while at work. Nor can you distribute emails endorsing a particular political candidate or criticizing the opponent of a political candidate you support utilizing Government email systems. We are fortunate to live in a country where individuals are free to express their personal beliefs without fear of punishment or retribution, where people can make jokes about their leaders and criticize and even ridicule them. Diversity of thought and opinion is a cornerstone of free society. But remember, military members do not have the unrestricted right of free speech. Jokes, criticism and ridicule of political leaders may well run afoul of Article 88, UCMJ, which prohibits contemptuous words against the President, Vice President and other elected officials. Senior officers have lost careers due to ill advised jokes about elected officials. 

Just because we have the right to say something doesn't mean we should. After all, is the office really the place for free-ranging debates on politics? By all means, talk to your friends and neighbors who hold opposing viewpoints, but protect yourself by refraining from these discussions at work.