If You Click “Like” on a Facebook Page, it is Protected Speech

The Associated Press recently reported a ruling by a federal court of appeals that clicking “Like” on Facebook is constitutionally protected free speech and can be considered the 21st century-equivalent of a campaign yard sign.

The 4th U.S. Circuit Court of Appeals in Richmond reversed a lower court ruling that said merely “liking” a Facebook page was insufficient speech to merit constitutional protection.

Exactly what a “like” means – if anything – played a part in a Virginia case involving six people who say Hampton Sheriff B.J. Roberts fired them for supporting an opponent in his 2009 re-election bid, which he won. The workers sued, saying their First Amendment rights were violated.

Roberts said some of the workers were let go because he wanted to replace them with sworn deputies while others were fired because of poor performance or his belief that their actions “hindered the harmony and efficiency of the office.”  One of those workers, Daniel Ray Carter, had “liked” the Facebook page of Roberts’ opponent, Jim Adams.

 

The Fourth Circuit opinion can be found at:  http://www.ca4.uscourts.gov/Opinions/Published/121671.P.pdf

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