What is the significance of the hatch act

Still, Americans should care when the act is violated. The Office of Special Counsel explains on its website that the law's purposes are "to ensure that federal programs are administered in a nonpartisan fashion, to protect federal employees from political coercion in the workplace, and to ensure that federal employees are advanced based on merit and not based on political affiliation.

The Supreme Court views political speech as at the core of the First Amendment's free speech guarantee. It's not surprising then that a law restricting or limiting political speech—like the Hatch Act—would create difficulty for the Justices. In in the case United Public Workers of America v. Poole was a ward executive committeeman of a political party and was politically active on election day as a worker at the polls and a paymaster for the services of other party workers.

Poole argued he had the right of a citizen to act as a party official or worker to further his own political views. A seven-justice court heard Poole's arguments and subsequently ruled to uphold the act. Roosevelt, wrote the majority opinion in which he weighed the interference with Poole's First Amendment rights against Congress' purposes in enacting the law.

National Association of Letter Carriers The amendments superseded this opinion, at least with respect to most federal employees. In Broadrick v. Oklahoma , the Court upheld a state law restricting the political actions of state employees. In United States v. National Treasury Employees Union , however, the Court limited the scope of a ban on honoraria given to federal employees for speeches and writings.

Bauers v. Cornett 8th Cir. Bolton, John R. The law is supposed to stop the federal government from affecting elections or going about its activities in a partisan manner. According to the OSC's explanation of the rule, it applies to federal employees as well as state and local employees who work with federally funded programs.

The rule is a workplace guideline, and violating it is not a crime. Responses can vary significantly after employees violate the rule, from a slap on the wrist to loss of a job. The OSC has its own guidelines for those covered by the Hatch Act to avoid violations, and more recently it posted specific guidelines for social media.

Some federal entities, like the Justice Department, have their own guidelines around political speech that go beyond the broad outlines of the Hatch Act. Complaints are somewhat routine, and the debate over high-profile violations can be sharp, with interest groups and legal experts regularly weighing in and accusing government officials of violations.

This PPP is heavily influenced by the Hatch Act, which was formed with the direct intent to keep biased political influence out of the political system of the federal government. In order to accomplish this goal and keep our federal government fair and balanced, and beneficially bipartisan, the Hatch Act created a long list of what a federal employee, employer, or agent can and cannot do.

Each item related in some form or another to a political position, candidate, activity, or campaign. It also states that a federal agent who violates the Hatch Act is subject to disciplinary action, including but not limited to paying steep fines and termination.

In order to help yourself understand the Hatch Act and avoid running into conflicts, review these important keynotes:. If you have any questions regarding the Hatch Act and how it affects your personal rights, John P. Mahoney, Esq. Contact our firm today for more information and what you should do if you are accused of violating the Hatch Act.