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I noticed a recent post from a local county school board's official social media account - authored by the Director of Schools (superintendent equivalent position) - advocating a position in regards to legislation that is being considered by our state government. I was curious whether it is legal for someone in such a position to make such a post on the district's official social media account?

The state in this case is Tennessee, though I'm curious about both Tennessee and U.S. federal law.

I did see this informational page by the University of Tennessee's Institute for Public Service, which says,

Another law that restricts the political activity of certain county employees is the federal Hatch Act. The federal Hatch Act restricts the political activity of local government officials and employees who work in connection with programs financed in whole or in part by federal loans or grants. The act applies to a local government official or employee if the individual “performs duties in connection with an activity financed in whole or in part by federal funds.” Special Counsel v. Gallagher, 44 M.S.P.R. 57, 61 (1990). If an individual meets this standard, the Hatch Act applies even if the person’s salary does not include any federal funds.

I would think that a school board superintendent would be a position that would qualify as one which "performs duties in connection with an activity financed in whole or in part by federal funds," given how much funding comes to U.S. public schools from various programs of the federal Department of Education, though I'm not sure what (if anything) case law and such may have to say on the subject.

Assume for the sake of this question that the post in question is related to schools (public and otherwise) in the state, but it is specifically advocating for or against a particular public policy currently under consideration by the state legislature and Governor. Assume also that the post was focused on an advocating for or against a particular policy, not campaigning for or against a particular candidate for public office. Though, in case it matters, assume that the post does mention by name a particular state political official (Governor or legislator) who is proposing the policy in question.

Is it legal to use official department social media accounts to advocate for political positions in such a case in Tennessee?

reirab
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If we assume that the Hatch act applies to the county employee, the question becomes whether it applies to the conduct in question. It does not.

The Hatch act primarily concerns participation in political campaigns for elected office and in referendums. For example, it generally prohibits running for elected office and participating in partisan campaigns. It also restricts making and soliciting campaign contributions and prohibits the use of one's office to influence elections or individual voters. (There are many exceptions applying to specific circumstances.)

The act also provides

(c) An employee retains the right to vote as he chooses and to express his opinion on political subjects and candidates.

This must be all the more true if the employee is the chief executive of a government body and is expressing in that official capacity the official policy of the body, although it's not clear from the question whether that is the case here.

In any event, the expression of political opinions is expressly not regulated by the Hatch act.

phoog
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