US Supreme Court rules Facebook 'Likes' are constitutionally protected Free Speech
Although arguably not the smartest thing to do to ensure career progression, a man named Daniel Ray Carter from Virginia found his employment terminated after he clicked the ‘Jim Adams for Hampton Sheriff’ page in 2009. Normally, people are protected for their political opinions and can’t be terminated for their political beliefs; however a Virginia judge ruled that clicking the ‘Like’ button on Facebook was ‘insignificant’ speech not worthy of First Amendment protection. ‘Liking’ was deemed not as important as writing on someone’s Facebook Wall.
Mr Carter appealed the decision and the Fourth Circuit yesterday ruled that a ‘Like’ was a low cost political opinion, not unlike wearing a political button or placing a bumper sticker on your car. Chief Judge William B. Traxler Jr., writing for a three-judge panel of the Fourth Circuit, said no such distinction exists.
“On the most basic level, clicking on the ‘like’ button literally causes to be published the statement that the User ‘likes’ something, which is itself a substantive statement,” wrote Judge Traxler for the court, which ruled unanimously on the Facebook issue.
“Liking” the campaign page, the court said, was the “Internet equivalent of displaying a political sign in one’s front yard, which the Supreme Court has held as substantive speech.”
The case has received significant attention in part due to Facebook and the American Civil Liberties Union (ACLU) filing a legal brief on behalf of Mr Carter.
“The Supreme Court has made clear that the First Amendment protects everyone’s right to express their thoughts and opinions in whatever form they choose to do so, whether it’s speaking on a street corner, holding up a sign, or pressing a button on Facebook to say that you ‘Like’ something,” said ACLU attorney Aden Fine.
