Facebook “Like” Feature Is Protected Speech under the U.S. Constitution

The case is Bland v. Roberts, 12-1671, U.S. Court of Appeals for the Fourth Circuit (Richmond), reported by Bloomberg:

Using Facebook Inc. (FB)’s “Like” feature to show support for a candidate in an election is protected speech under the U.S. Constitution, a federal appeals court said.

The U.S. Court of Appeals in Richmond, Virginia, issued its ruling today in a lawsuit brought by former employees of a sheriff’s office who said they lost their jobs because they supported their boss’s opponent, including by endorsing a campaign page on Facebook.

The appeals court reversed a lower court judge who said that simply clicking the “Like” button on a Facebook page didn’t amount to “a substantive statement” that warrants constitutional protection.

“Liking a political candidate’s campaign page communicates the user’s approval of the candidate and supports the campaign by associating the user with it,” U.S. Circuit Judge William Traxler said in today’s ruling. “It is the Internet equivalent of displaying a political sign in one’s front yard, which the Supreme Court has held is substantive speech.”

In simple terms: using Facebook’s “Like” is protected under the 1st Amendment.

One thought on “Facebook “Like” Feature Is Protected Speech under the U.S. Constitution

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s