Federal agency: Supporting ‘Black Lives Matter’ isn’t partisan or political – USA TODAY

A man was recorded throwing red paint onto the Black Lives Matter mural that was painted on the street in front Trump Tower in New York City. Wochit

Expressing support for the "Black Lives Matter" movement isn't political or partisan, an independent federal agency has said in an opinion addressingquestions from federal employees on the topic.

The U.S. Office of Special Counsel cleared the way for federal employees to support the Black Lives Matter movement and the Black Lives Matter Global Networkwhile on duty, includingwearing or displaying materials related to the cause, according toanadvisory opinionobtained by USA TODAY. The opinion was first issued July 10 and updated Tuesday.

The U.S. Office of Special Counsel is an independent federalagency which investigates Hatch Act violations.The Hatch Act prohibits appointed federal employees from participating in several types of partisan political activities, such as running for office, hosting fundraisers, making campaign speeches or distributing campaign materials.

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"The Hatch Act generally allows employees to engage in BLM-related activity while on duty or in the workplace," the opinion says, while also stipulatingactivity involving more overtly political actions would be prohibited. The opinion is also narrowly focused on the Hatch Act, meaning other laws or rules may be relevant to certain federal employees.

The opinion comes as President Donald Trump has criticized the Black Lives Matter movement. In early July, he called a proposed New York City Black Lives Matter mural a "symbol of hate." That mural was later paintedpainted on Fifth Avenue in front of Trump Tower.

Trump and aides have described some supporters of Black Lives Matter as vandals, citingproperty damage and some violence duringnationwide protests of police brutality, particularly after theMay 25 death of George Floyd at the hands of officers in Minneapolis.

The U.S. Office of Special Counselacknowledged the Black Lives Matter movementhas become a "'hot-button'issue," complicated by the use of "Black Lives Matter" as an umbrella term for a social movement.TheBlack Lives Matter Global Networkis the most prominent organization tied to that movement, the opinion says.

The agency reached its opinion because the Black Lives Matter movement concerns itself with issues such as racism, which are not inherently aligned with a single political party. And the prominentBlack Lives Matter Global Networkdid not meet any criteria for a "partisan political group," in part because the group says it will fight against officials from both parties who do not share its beliefs.

"An employee is not prohibited by the Hatch Act from expressing support for, or opposition to, the BLM movement while on duty or in the workplace. But the employee may not say, for example, 'if you believe that Black Lives Matter, then you should vote for/against X in November,' " the advisory opinionsays.

The agency notedit made a similar ruling about the Tea Party movement, known for its push to reduce the size of government, during the Obama administration.

TheBlack Lives Matter Global Network tracesits roots tobotha hashtagand a political projectaftertheacquittal of George Zimmerman in the 2012 killing of Trayvon Martin.Foundersof the organization include PatrisseCullors, Alicia Garza, and Opal Tomet.

Themost important directive of Black Lives Matter,Cullors has said,is to deal with anti-black racism,to push for black peoples right to live with dignity and respect and be included in theAmerican democracy that they helped create.

What setsBlack Lives Matter apart from other social justice groups, however,is its decentralized approach and reliance almost solely on local, rather than national, leadership. Cullors said organizing is often spontaneous and not directed byone person or group of people.

Contributing: Ryan Miller, David JacksonandJessica Durando, USA TODAY;John Tuohy,Indianapolis Star

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