Office of Special Counsel advisory on Black Lives Matter and the Hatch
Detailed Description
I. INTRODUCTION
Beginning in late May 2020, protesters began organizing large demonstrations across the
United States. The immediate precipitating event was the videotaped police killing of George
Floyd, a black man. However, the demonstrations are largely focused on the issue of racism in
America more broadly and not limited to Mr. Floyd’s death alone. The phrase “Black Lives
Matter” (BLM) is frequently used by protesters and associated with the demonstrations.
Additionally, BLM-related organizations have supported and/or organized demonstrations.
In response, numerous federal employees have asked OSC whether BLM or related
materials raise any Hatch Act concerns when used or displayed while on duty or in the federal
workplace. The questions raise two distinct but related issues. The first is whether using BLM
terminology is inherently political activity. And the second is whether the Black Lives Matter
Global Network (BLMGN)—the owner of www.blacklivesmatter.com and arguably the most
prominent BLM-related organization—is a partisan political group. As further described below,
using BLM terminology is not inherently political activity and BLMGN is not currently a
partisan political group.1 Accordingly, the Hatch Act generally allows employees to engage in
BLM-related activity while on duty or in the workplace. But, as described below, employees are
still prohibited from combining BLM-related activity with “political activity” while on duty or in
the workplace and from engaging in partisan political fundraising in connection with BLMrelated
organizations. “Political activity” is an activity directed toward the success or failure of a
political party, candidate for partisan political office, or partisan political group.2
Sources/Usage
Public Domain.