{"id":238,"date":"2013-09-19T15:23:05","date_gmt":"2013-09-19T20:23:05","guid":{"rendered":"http:\/\/sites.law.duq.edu\/juris\/?p=238"},"modified":"2017-11-20T20:24:48","modified_gmt":"2017-11-21T01:24:48","slug":"dont-worry-your-facebook-likes-are-protected-free-speech","status":"publish","type":"post","link":"https:\/\/sites.law.duq.edu\/juris\/2013\/09\/19\/dont-worry-your-facebook-likes-are-protected-free-speech\/","title":{"rendered":"Don’t Worry, Your Facebook “Likes” are Protected Free Speech"},"content":{"rendered":"
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Photo courtesy of www.statusboom.com<\/figcaption><\/figure>\n

By: Matthew Andersen, Web Editor<\/p>\n

Facebook users rejoice! The Fourth Circuit Court of Appeals has held that \u201cliking\u201d something on Facebook is now protected as free speech under the First Amendment of the United States Constitution.<\/p>\n

In 2009, BJ Roberts was seeking re-election as the Sheriff of the Hampton City Police Department. During his campaign, Mr. Roberts did what any 21st Century member of a political race would do, he checked out his opponent\u2019s Facebook campaign page.\u00a0 In doing so, he realized that six of his deputies had \u201cliked\u201d his opponent\u2019s page, which he believed was an act of supporting his opponent\u2019s campaign to remove him from office. Subsequently, Mr. Roberts retained his position as Sheriff of the Hampton City Police Department; however, he brought with him a grudge against those six deputies who \u201csupported\u201d his opponent\u2019s campaign. That grudge led him to fire all six deputies, and, as you can imagine, a lawsuit ensued.<\/p>\n

Last year, the Eastern District of Virginia Court granted Mr. Roberts’ motion for summary judgment, concluding that plaintiffs \u201chad all failed to allege that they engaged in expressive speech,\u201d and that a Facebook \u201clike\u201d was \u201cinsufficient speech to merit constitutional protection.\u201d The plaintiffs appealed to the Fourth Circuit Court of Appeals, and the Fourth Circuit judges had a different opinion on the matter.<\/p>\n

The Fourth Circuit reasoned that \u201cliking\u201d the campaign page was the \u201cInternet equivalent of displaying a political sign in one\u2019s front yard, which the Supreme Court has held is substantive speech.\u201d\u00a0 This holding follows Facebook\u2019s stance on the issue, which they argued in a preliminary phase of the trial, \u201cif [Deputy] Carter had stood on a street corner and announced, \u2018I like Jim Adams for Hampton Sheriff,\u2019 there would be no dispute that his statement was constitutionally protected speech.\u201d Deputy Carter was the only plaintiff to claim that a \u201clike\u201d amounted to protected free speech, the other plaintiffs\u2019 claims dealt with more conventional First Amendment issues.<\/p>\n

So there you have it, a Facebook \u201clike\u201d is now protected free speech under the First Amendment of the Constitution.\u00a0 This certainly not the last time we will see Facebook involved in a First Amendment lawsuit, but, for now, \u201clike\u201d away!<\/p>\n

The full opinion from the Fourth Circuit can be viewed below:<\/p>\n