Last year, a Virginia judge ruled that a Facebook like is not protected by the First Amendment. The story goes like this: Deputy Sheriff Daniel Ray Carter of Hampton, Virginia liked the page of Jim Adams for Hampton Sheriff. Carters boss, Sheriff B.J. Roberts, saw this, and then when Roberts won the election against Adams, Carter was fired. Carter claimed it was the Facebook like that led to his termination. He sued, but the judge determined that a like is not protected free speech.
Should a Facebook like be considered free speech, and protected under the First Amendment? Let us know what you think in the comments.
Carter appealed the decision, and Facebook stepped in to argue that a like is free speech in the same way that a political bumper sticker is. Facebook filed a brief in Carters defense, saying, When a Facebook User Likes a Page on Facebook, she engages in speech protected by the First Amendment.
The district courts holding that liking a Facebook page is insufficient speech to merit constitutional protection because it does not involve actual statements, J.A. 1159, betrays amisunderstanding of the nature of the communication at issue and disregards well-settled Supreme Court and Fourth Circuit precedent, the company continued. Liking a Facebook Page (or other website) is core speech: it is a statement that will be viewed by a small group of Facebook Friends or by a vast community of online users.
When Carter clicked the Like button on the Facebook Page entitled Jim Adams for Hampton Sheriff, the words Jim Adams for Hampton Sheriff and a photo of Adams appeared on Carters Facebook Profile in a list of Pages Carter had Liked, J.A. 570, 578 the 21st-century equivalent of a front-yard campaign sign, Facebook continued. If Carter had stood on a street corner and announced, I like Jim Adams for Hampton Sheriff, there would be no dispute that his statement was constitutionally protected speech. Carter made that very statement; the fact that he did it online, with a click of a computers mouse, does not deprive Carters speech of constitutional protection.
The debate certainly has large ramifications for not only practices on Facebook, but on the Internet at large, which as we all know, has become very, very social.
This week, a panel of three judges in Richmond, Virginia heard the case, and Facebook once again stepped up to defend Carter, though really its a defense of Facebook users in general. It cant be good for Facebook if people start becoming afraid of what they can or cannot say on Facebook. Some people have even talked about leaving the social network because they dont allow pictures of breasts. More censorship cant be good for user growth.
According to a report from Bloombergs Tom Schoenberg, Facebook lawyer Aaron Panner told the judges, Any suggestion that such communication has less than full constitutional protection would result in chilling the very valued means for communication the Internet has made possible.
The company was reportedly given three minutes of argument time, and the judges refrained from asking Facebook any questions. The report also shares some quotes about Facebook likes from Robers lawyer:
Its like opening a door into a room, Rosen, of Pender & Coward PC in Virginia Beach, Virginia, said. You cant see whats in there until you click on the button. Thats not speech.
Link:
Is Liking Something On Facebook An Act Of Free Speech?

