Facebook Weighs in on Thorny Legal Question over Whether 'Likes' are Protected Free Speech

By

Facebook has weighed in on a challenging new legal question over whether “likes” checked off on Facebook pages can be considered free speech – and are thus protected by the First Amendment.

In response to a recent case, Facebook filed its own legal brief on behalf of Daniel Ray Carter. The Virginia man and five colleagues were fired by a sheriff after they checked the box indicating that they “liked” the Facebook page from another candidate for sheriff.

In May, U.S. Fourth Circuit Judge Raymond Jackson ruled that like boxes on Facebook were not protected speech – in opposition to the fired workers claims. Facebook disagrees with the judge.

"If Carter 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," Facebook said in its new legal filing, reported by Tecca. "Carter made that very statement; the fact that he did it online, with a click of a computer’s mouse, does not deprive Carter’s speech of constitutional protection."

The American Civil Liberties Union is also supportive of the fired workers free speech rights.

The recent case is not the only one on the subject. In 2011, the National Labor Relations Board said fired employees who worked at a not-for-profit, Hispanics United; have to get their jobs back after they were let go when the organization found complaints they posted on Facebook about their workload, Tecca said. On the other hand, a U.S. Marine was discharged recently after posting a Facebook status that was critical of President Barack Obama.

In a related story, a new ruling in Australia may force businesses to vet comments made by members of the public on company Facebook pages. It will start in Australia, where the Advertising Standards Board says user posts by “fans” on Smirnoff’s Facebook page are advertising and they need to adhere to the nation’s advertising laws, according to news reports. But the ruling could lead to similar regulations in other countries, legal experts warn.




Edited by Brooke Neuman
Get stories like this delivered straight to your inbox. [Free eNews Subscription]

TechZone360 Contributor

SHARE THIS ARTICLE
Related Articles

ChatGPT Isn't Really AI: Here's Why

By: Contributing Writer    4/17/2024

ChatGPT is the biggest talking point in the world of AI, but is it actually artificial intelligence? Click here to find out the truth behind ChatGPT.

Read More

Revolutionizing Home Energy Management: The Partnership of Hub Controls and Four Square/TRE

By: Reece Loftus    4/16/2024

Through a recently announced partnership with manufacturer Four Square/TRE, Hub Controls is set to redefine the landscape of home energy management in…

Read More

4 Benefits of Time Tracking Software for Small Businesses

By: Contributing Writer    4/16/2024

Time tracking is invaluable for every business's success. It ensures teams and time are well managed. While you can do manual time tracking, it's time…

Read More

How the Terraform Registry Helps DevOps Teams Increase Efficiency

By: Contributing Writer    4/16/2024

A key component to HashiCorp's Terraform infrastructure-as-code (IaC) ecosystem, the Terraform Registry made it to the news in late 2023 when changes …

Read More

Nightmares, No More: New CanineAlert Device for Service Dogs Helps Reduce PTSD for Owners, Particularly Veterans

By: Alex Passett    4/11/2024

Canine Companions, a nonprofit organization that transforms the lives of veterans (and others) suffering PTSD with vigilant service dogs, has debuted …

Read More