Appeals Court Likes “Likes,” Says They’re Speech

(cross posted at the Gateway Journalism Review)
The Fourth Circuit Court of Appeals has held that "liking" something on Facebook is speech protected by the First Amendment, reversing a lower court opinion dismissing a suit brought by former employees of a sheriff's office who lost their job after they "liked" the Facebook page of opponent of their boss in his re-election bid.

Appeal of Ruling that "Like" Isn't Like Speech

Back in May, I wrote about a decision by a federal judge that former employees of a county sheriff's office could not sue for political retaliation after they were fired for "liking" the Facebook page of the sheriff's political opponent.

Court Says "Like" Isn't Like Speech

FOR AN UPDATE OF THIS CASE, SEE THIS POST.

A federal judge has held -- in an opinion granting summary judgment in Bland v. Roberts, Civil No. 11-45 (E.D. Va.  Apr. 24, 2012) -- that "liking" a supervisor's political opponent on Facebook does not constitute speech that can be protected from political retaliation in a non-partisan government office.

"It is the Court's conclusion that merely 'liking' a Facebook page is insufficient speech to merit constitutional protection," District Judge Raymond A. Jackson held. Bland, slip op. at 6.