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Uncategorized Friday, May 4th 2012 at 12:30 pm

Judge Rules Likes Are Not Protected As Free Speech

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Better be careful what you go around liking on Facebook because according to a recent ruling by U.S. District Judge Raymond Jackson, likes are not protected speech under the First Amendment. The whole case dates back to 2009 when after winning a reelection bid, Hampton Virginia Sheriff B.J. Roberts fired six of his employees who had liked his opponent’s page on Facebook. The employees filed suit, arguing that their First Amendment rights were violated. Though you might be inclined to agree, Judge Raymond Jackson does not.

Whatever your opinions, the ruling does drive a related point home; you should probably check your privacy settings. If your employer can’t see what you’re going around liking on Facebook, they can’t do anything about it. This decision also casts a new light on employers who ask for their employee’s social networking information. There’s been something of a trend where employers and colleges are requring employees or students to friend authorities on Facebook, or in extreme cases, requiring employees or students to actually log into their account in front of a higher-up. If Facebook likes aren’t protected speech, the whole issue gets more problematic.

Facebook has argued that you shouldn’t let your employer into your Facebook account, not only because that’s a violation of TOS, but also because it opens employers up to liability when it comes to discrimination. This ruling only complicates the matter by making it okay to fire someone over something like a like. And with Facebook constantly increasing the amount of things you can associate yourself with on your profile and elsewhere, the danger of stepping on a mine is constantly becoming more serious. What happens on the Internet is guaranteed to stay there; it’s best to keep that in mind.

(via PhysOrg)

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  • Jack Bond

    It’s not a violation of free speech if someone decides to treat you differently based on your behavior. That someone can be an employer too. We’re guaranteed the right to free speech. We’re not guaranteed that reckless speaking will never backfire on us somehow. And we’re CERTAINLY not guaranteed a job regardless of how we act.

    Eric, I don’t know if you made the jump from the repercussions of reckless behavior to “Facebook Likes aren’t free speech”, but it’s a very misleading headline.

  • America is going to HELL

    I believe Judge Raymond Jackson is wrong on 1st Amendment rights.
    The “people” can have freedom of speech through the freedom of expression.
    (the “Like” figure is an expression of one’s belief or agreement or opinion)

  • Jack Bond

    The article is misleading. Judge Raymond Jackson never said “Likes aren’t protected as free speech.” He said firing someone over liking something on Facebook isn’t an infringement of said right.

  • http://www.facebook.com/people/Cameron-Rene-Ramirez/100000051040768 Cameron Rene Ramirez

    How is firing some one over what they “like” not a violation of free speech. If they were on the job while “liking” and it was against company rules then yes the firing is justified, but outside of work their boss is not paying them so his bruised ego shouldn’t cost people their jobs. I am glad I don’t live in the South.

  • http://www.facebook.com/people/Cameron-Rene-Ramirez/100000051040768 Cameron Rene Ramirez

     They didn’t cuss out their boss, they simply “liked” his opponents page, that is hardly “reckless speech”. If the someone is so immature that they feel “likes” will tarnish their standing maybe they are unfit to represent the law in their county.
    Seems petty and another symptom of misunderstanding the internet as speech.

  • http://profile.yahoo.com/OXQJMMH7IMFYLLSLO4O6YVIR2A Deb

    No way in hell would I let my employer see my Facebook page.  That is my personal business, which is why I set my privacy settings to friends only.  If that is ever a condition of employment, I will loudly tell them to kiss my ass.

  • Ben Nelson

     How is that different than saying it’s not free speech?

    You’re picking nits…

  • Anonymous

    A person has the right to say anything they want, short of causing a panic in a crowd and inciting violence against a person or group, but others have the right to judge you based on your statement, and that can mean losing a job if you express an opinion inherently harmful to your boss/company. Of course, if you just got out of Facebook, this wouldn’t be a problem. But it brings to mind the old adage of “better to remain silent and let people think you’re an idiot than to open your mouth and prove that you are one.”

  • Kelly Martin

    Their rights to free speech were not infringed. Their employer did not say they could not engage in free speech. Their employer did say they did not have a right to unlimited employment regardless of their actions. If you don’t believe me about this principal, then go tell your bosses to “go “F” themselves” and see if any repercussions result in terms of your continued employment. Freedom of speech is too often confused with speech without any possible repercussions. If they employees wanted “privacy” in their speech, then they should not have broadcast it in a public forum like facebook.

    Also of note the first amendment specifically limits the government’s power to enact laws to abridge free speech. It makes no mention of a private citizens power or lack of power to react to free speech. As a private citizen I can stop giving someone my business, stop employing someone, or otherwise disassociate myself from someone if I don’t agree with what they say. I am not forced to associate with someone because they have “freedom of speech”.

    I hope this helps.

  • Jeremy Swink

    You explained it better than I ever could. Good job man!

  • Dr. Bob

     I’m sorry, but you are dead wrong on this.  “like” is so ambiguous with respect to interpretation that it does not constitute an endorsement or even complete speech for that matter.  suggesting that it isn’t covered by the first amendment is ludicrous.  if you like christ and buddha what does that mean?  we also have something called freedom of assembly in this country, but perhaps you and the judge forgot that too?  keep giving up your rights.  soon you’ll have none. 

  • Dr.Bob

    So firing someone for liking something is cause?  You mean, you could get fired for liking vanilla ice cream even if your job has nothing to do with being an ice cream taster?  how about liking athiests? buddhists? members of the opposite sex? religious freedom?  how about black judges? 

  • America is going to HELL

    @Jack Bond
    …which is saying, employers can fire you for your freedom of speech and expression. (That’s stupid and unfair) That means ALL Americans can be fired, at the same time, for “looking at your boss funny.”  O_o