“Likes” are free speech — at least according to Facebook, which recently filed a legal brief in support of Daniel Ray Carter and a group of workers who were fired from a Virginia sheriff’s office after they “liked” their boss’s political opponent on Facebook.
Facebook jumped into the legal fray after a federal District Court ruled that “[s]imply liking a Facebook page is insufficient [to qualify as free speech]…It is not the kind of substantive statement that has previously warranted constitutional protection.”
Facebook’s brief states that “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…Carter made that very statement; the fact that he did it online, with a click of a computer mouse, does not deprive Carter’s speech of constitutional protection.”
Are Facebook “likes” free speech? Probably. Should Carter have been fired for his “like”? Probably. Just because you can say something, does not mean that there are no consequences.
This certainly will be an interesting issue to follow.
* Originally published at https://thinkethically.wordpress.com/
Legal Articles Additional Disclaimer
Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.
“Likes” are free speech — at least according to Facebook, which recently filed a legal brief in support of Daniel Ray Carter and a group of workers who were fired from a Virginia sheriff’s office after they “liked” their boss’s political opponent on Facebook.
Facebook jumped into the legal fray after a federal District Court ruled that “[s]imply liking a Facebook page is insufficient [to qualify as free speech]…It is not the kind of substantive statement that has previously warranted constitutional protection.”
Facebook’s brief states that “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…Carter made that very statement; the fact that he did it online, with a click of a computer mouse, does not deprive Carter’s speech of constitutional protection.”
The full stories can be found on Tecca and Yahoo.
Are Facebook “likes” free speech? Probably. Should Carter have been fired for his “like”? Probably. Just because you can say something, does not mean that there are no consequences.
This certainly will be an interesting issue to follow.
* Originally published at https://thinkethically.wordpress.com/
Legal Articles Additional Disclaimer
Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.