AI Just Created a New Way to Violate the Hatch Act

A law from 1939 is still costing federal employees their paychecks — and in 2026, it's catching people in ways nobody saw coming. Two new cases against a Postal Service employee and a VA employee show how a routine campaign decision can turn into a career problem, including a twist involving a government AI tool. In this video, we break down what the Hatch Act actually restricts, walk through real enforcement cases involving social media, look at what OSC's own guidance says you can and can't do, and cover the practical steps to stay compliant — including a common myth about resigning that trips people up more than you'd think. This video summarizes publicly available OSC guidance and past enforcement cases. It is not legal advice. If you have questions about your specific situation, contact your agency ethics office, an attorney or OSC directly. Read more on FedSmith.com: Social Media, AI and Political Campaigns: New Hatch Act Risks for Federal Employees https://www.fedsmith.com/2026/08/20/social-media-campaigns-hatch-act-risks/ Social Media Use Can Result In Hatch Act Violations https://www.fedsmith.com/2024/04/17/social-media-use-can-result-in-hatch-act-violations/ 3 Hatch Act Prohibitions Federal Employees Need To Know When It Comes To Their Social Media Presence https://www.fedsmith.com/2024/05/01/3-social-media-hatch-act-prohibitions-federal-employees-need-to-know/ A Warning To Federal Employees: Hatch Act Violations Can Follow You After Service Ends https://www.fedsmith.com/2025/12/29/a-warning-to-federal-employees-hatch-act-violations-can-follow-you-after-service-ends/