Judge: Clicking 'Like' on Facebook Is Not Protected Speech

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classzero

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[citation][nom]Kamab[/nom]"But in this case, there were no "actual statements" involved. Simply clicking a button is different and does not warrant First Amendment protection."How did this person become a judge.[/citation]

Maybe you could go occupy a Walmart to show support.
 

classzero

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[citation][nom]DjScribbles[/nom]Correct me if I'm wrong, because I don't really do social media. But doesn't "like" have a similar effect to "follow"ing someone?If you hate someone, and just want to troll everything they say, wouldn't you still need to 'like' them?[/citation]
like does not mean friend
 

morstern

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One more update:

The judges Memorandum is here: http://www.courthousenews.com/2012/05/02/Sheriff.pdf

Found a very informative post on themarysue.com website by Lafayette_Hubert.

Even "At Will" employment has guidelines against discrimination.

http://www.expertlaw.com/library/e [...] ill.html#5
The one you listed applies "if" they had such a contract. No application of Discrimination applies (race, nationality, religion, sex, age, or in some jurisdictions, sexual orientation). I was thinking they were going for retaliation of first amendment rights.

Note: Only one employee clicked "like". There is a fair amount of details left out of this "snag viewership" story. The judge apparently needs to show "substantiated speech" before it can then be protected under the first amendment.

 

Christopher1

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[citation][nom]stormblade42[/nom]Yeah, sorry judge. By clicking Like, one is making a statement...[/citation]

Agreed. As I said in another article, I don't understand how this judge could have made this ruling. He'd have to be PSYCHOTIC to not see that a "Like" on Facebook is free speech and not trivial in the slightest. It's just like saying in real life "Hey, I LIKE X baseball player/basketball player."
 

Maxor127

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[citation][nom]DroKing[/nom]Really? I second you Kamab. If anybody get fired or argued against due to a "like" button its clearly bias. How is that not infringing against one's protected speech? Somebody please slap these fake teeth out of this clueless judge and this angry sheriff as well.[/citation]
If you disrespect the boss or blatantly support the competition, then you're going to get fired. It doesn't matter what job it is. Whether or not its free speech is completely irrelevant to the situation What matters is if the sheriff was within his rights to fire them over it, and the answer is Yes.
 

tk1138

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This judge along with most government workers deserve to die in the most brutal way possible....all they are is a bunch of control freaks who want to impose their will upon us, and in a supposed free society that is unacceptable....


support freedom kill cops and other govt employees and "officials" in defense of freedom...
 

tk1138

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[citation][nom]Maxor127[/nom]If you disrespect the boss or blatantly support the competition, then you're going to get fired. It doesn't matter what job it is. Whether or not its free speech is completely irrelevant to the situation What matters is if the sheriff was within his rights to fire them over it, and the answer is Yes.[/citation]


you are a fool...so by your logic, if a employee for some star trek movie decides to like a star wars (star treks competition) page or movie, then that employee should be fired....imagine you are working on the new avengers movie, but they find out you were going to the theater to see other movies, (the competition) are you to be fired since you were supporting the competition....

or if i work for coco cola but i am seen in a picture with a pepsi product (or even worse a store brand cola) should i be fired, after all im am supporting the competition....

of if i work for abercrombie and they take my picture with another brand of clothing...does this mean the individual should be fired for supporting the competition....

by your logic if you work for apple all you are allowed to buy are apple products ??
or
if you work for best buy, then best buy is the only electronics store you are allowed to buy from (new egg and other stores are out of the question)

Maxor127 you are a small minded idiot...please learn to logic...

"supporting the competition" can mean alot of things but i guess in your world doing that is well, an action that you are a retard maxor127 if you hate freedom so much why edont you move to N korea or china...there you can be assured you have no freedom to associate with whom ever you wish....
 

crenelle

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The Like is enough of an expression that it got 'em fired. If they hadn't expressed something, would the sheriff have fired them?
 
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Gotta love Facebook. Even if you secure the ever-loving-bejeebus out of of your own account...every single thing you do that affects some other profile might as well be screaming out in public "look at me and what I'm doing right now".

So who was the co-worker snooping on the opposition candidate and checking out friends lists, like and dislike lists, etc. Then they snitch to the boss during a team meeting of all places. That co-worker sounds like a real beauty.
 
G

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Hope the voters in this district - catch on to what is going on - exercise their non-free speech rights by pushing the voting buttons - that get these 2 j*rks fired - both the sheriff - and the judge. As a voter - I would simply fire these 2 not only for blatant incompetence but also abuse of power. Hope the sheriff's competition wins...
 

eiskrystal

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Although clicking a button should be a protected speech issue, I don't think it's a violation of the first amendment in this case. You have a right to say what you want, but you are not protected from the repercussions of your speech when your opinions interfere with your work and work-relationships.

I would not trust staff who have shown allegience to my "direct" competitor. That would be stupid. Also embarrassing as my competitor could turn around and make a big point that HE is liked of by my own staff, but i'm not. A public relations goldmine for him.
 

drelfei

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[citation][nom]Kamab[/nom]"But in this case, there were no "actual statements" involved. Simply clicking a button is different and does not warrant First Amendment protection."How did this person become a judge.[/citation]

Jackson was nominated by President Bill Clinton on September 24, 1993, to a seat vacated by Richard Leroy Williams. He was confirmed by the United States Senate on November 20, 1993, and received his commission on November 22, 1993.
 

snqwerty

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I guess from reading that there was not reason to fire those guys, while there was every reason to fire them.
I believe this is in a way a 22 catch.
As a reader we judge by the law, as a person we judge subjectively.
If you were the Sheriff or a candidate would you want employees that vote for your competitor. These people are not in these jobs because they are nice, but because they have a big ego too, so its time to face reality.... you will not like it too.
 

sarezar

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Ahm... hang on...

What if someone can't speak and has no hands. They can't type, they can't speak. If they can press a button to express their opinion, shouldn't this be protecting their "speech", their opinion?

IMO, the judge's ruling is ridiculous.
 
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