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Noah Feldman: The rule that Kellyanne Conway broke should be unconstitutional

The First Amendment should be interpreted to protect a federal employee who is talking politics in a public forum.

FILE - In this Sunday, Jan. 22, 2017 file photo, Counselor to the President Kellyanne Conway watches as President Donald Trump congratulates other White House senior staff during a swearing in ceremony in the East Room of the White House in Washington. A statement that day by Conway about White House press Secretary Sean Spicer providing "alternative facts," is included in the 2017 update to The Yale Book of Quotations. (AP Photo/Andrew Harnik, File)

The Office of Special Counsel, the federal ethics watchdog, has found that President Donald Trump’s adviser Kellyanne Conway violated the Hatch Act last year by endorsing Republican candidate Roy Moore and opposing Democrat Doug Jones in the Alabama Senate race.