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(Image source: Shegz n' Stuff)
BY CHARESSE JAMES
Free speech protection for the Facebook "like" has been given the thumbs up, according to
a Fourth Circuit court of appeals.
"Federal appeals court reversed a lower court decision that said like did not merit constitutional
protection. ... They say you need to express speech in order for it to be covered under
the first amendment. this is an expression of speech, as we know it." (Via The Daily
The legal battle began in 2009 when a Virginia sheriff running for reelection noticed several
of his deputies had liked and posted messages of support for the other candidate. After
the election, the employees were given their walking papers.
"Six employees at a sheriffs office in virginia sued, claiming that they were fired off giving
a thumb's up to their boss's opponent. Well a judge says yesterday that liking something
is the same as displaying a political sign..." (Via HLN)
Lower courts originally ruled in favor of the sheriff, dismissing "likes" as a knee-jerk
online activity and therefore less substantial than spoken speech or a display. On Wednesday,
a court of appeals disagreed. (Via Ars Technica)
"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. ... It
is the Internet equivalent of displaying a political sign in one's front yard, which
the Supreme Court has held is substantive speech."
This is the ruling Facebook has been pushing for from the start. It establishes Facebook
activity as the equivalent of a newspaper, a town hall meeting or political bumper sticker.
According to The Verge:
"As Facebook lawyers had argued in an earlier phase of the trial, 'if [the defendant] 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.'"
While the ruling has been back and forth, sources speculate this is most likely the
end of this free speech debate. But before you go on a belligerent "liking" spree, Gizmodo
warns —
"... First Amendment protections only guard you from getting canned or similarly screwed
by a public official. Private companies have a lot more leeway. It's not a blank check
to go liking horrendous things on Facebook with zero consequences, but it's definitely
a step in bringing online rights in line with real-world ones."
The case is now being sent back to the district court to decide whether the deputies will
be reinstated.