The US Fourth Circuit Court of Appeals ruled that “Liking” something on Facebook is considered a form of speech, and is protected by the First Amendment of the US Constitution. The case which prompted this ruling was originally filed in 2011 as a wrongful termination case. Sheriff’s deputies were fired after they went on Facebook and “Liked” the sheriff’s political opponent. The Defense team argued that liking the opponent was the same as endorsing him for the political campaign, which is why their employment was terminated.
In the lower court, the sheriff won on a summary judgment, saying that a Facebook “Like” was, “insufficient speech to merit constitutional protection.” The plaintiffs appealed, taking the case to the higher court, where they have no won. They were suing for their jobs back and damages. The court, however, also commented that the Sheriff would not have to pay any money to the former employees because he is entitled to qualified immunity under the 11th Amendment, which limits the scope of lawsuits against public officials.
Facebook released a brief statement saying, “We are pleased the court recognized that a Facebook ‘like’ is protected by the First Amendment.”
This case appears to make the law much more clear that employers can’t fire someone for simply ‘liking’ a competitor on Facebook. Whether this applies to liking anything on the social network, or just actual people or products is still unclear.
