Home ACLU: Facebook ‘like’ is protected free speech
News

ACLU: Facebook ‘like’ is protected free speech

AFP

The American Civil Liberties Union and ACLU of Virginia filed a friend-of-the-court brief in the Fourth Circuit Court of Appeals arguing that when individuals “like” a Facebook page they are engaging in a First Amendment-protected activity.

“People are increasingly using social media to engage in political activities,” said ACLU of Virginia Legal Director Rebecca Glenberg. “Just because some interactions on social media can be accomplished with a single click does not mean that they don’t express a point of view.”

According to Facebook, the “like” feature is “a way to give positive feedback or to connect with things you care about on Facebook. You can like content that your friends post to give them feedback or like a Page that you want to connect with on Facebook.” When a user “likes” content or a page, Facebook also publicizes that user’s “like” action to that user’s friends, essentially announcing the user’s interest in or appreciation of that content or page.

“When individuals ‘like’ a page or post on Facebook they are conveying an opinion to their friends and possibly to the entire online world,” added Glenberg. “‘Liking’ a politician’s website is no different from wearing a button with the politician’s name – it expresses approval for that politician.”

The question of whether or not a Facebook “like” constitutes free expression arose from a case in which employees of the Sheriff’s Department of Hampton argued that their free speech and association rights were violated when they were fired from their jobs because they supported the Sheriff’s opponent during an election. One of the plaintiffs had “liked” the opponent’s Facebook page.

The federal district court ruled that “liking” a Facebook page is “insufficient speech” to merit constitutional protection.

A copy of the ACLU’s letter amicus brief can be found online at https://acluva.org/wp-content/uploads/2012/08/20120807LikeSpeechamicus.pdf.

 
 




Featured Video

 

AFP

AFP

Have a guest column, letter to the editor, story idea or a news tip? Email editor Chris Graham at [email protected]. Subscribe to AFP podcasts on Apple Podcasts, Spotify, Pandora and YouTube. Support AFP by signing up for our newsletter and/or powering our work with a one-time or monthly contribution.

Latest News

manny diaz duke
Football, Go 'Hoos

First look: UVA Football faces ACC’s #2 defense with Duke coming to town

abigail spanberger
Politics, Virginia

Spanberger throws kitchen sink at NextEra, Dominion on proposed $67B merger

Virginia Gov. Abigail Spanberger is calling on Next Era and Dominion to agree to freeze residential electricity rates for six years and to agree to triple monthly customer bill credits as conditions of any merger.

uva football kam robinson
Football, Go 'Hoos

UVA Football: Kam Robinson this week’s guest on the coach’s radio show

Kam Robinson will be the featured guest on Tuesday’s “Coach’s Corner with Tony Elliott,” which airs Tuesday night at 7 p.m. ET on the no longer far-reaching Virginia Sports Radio Network, which is down to four stations.

pro wrestling ring
Pro Wrestling

The AFP Top 10: Our weekly list of the 10 best pro wrestlers in AEW and WWE

jim wood facebook
Local, Politics

Waynesboro: Jim Wood trying to take both sides on Mimosa Farm issue again

harrisonburg
Region

Harrisonburg: Man charged in tent fire after threatening trans person

waynesboro map
Local

Waynesboro School Board to begin interviews in superintendent search