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

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Christopher1

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Aug 29, 2006
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[citation][nom]eiskrystal[/nom]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[/citation]

They only started 'interfering with work relationships' when this stupid goddamned sheriff made a big deal of this.

Yes, in a case like this, the government should step in and say "The First Amendment is VERY clear, you cannot infringe on a person's right to free expression and holding their job over them like BLACKMAIL MATERIAL is equivalent to infringing on a person's right to free expression!"
 
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Putting anything on the internet under your full name is just dumb.

I have a dead empty linkedIn and facebook page under my real name. I do not post under my actual name.

I don't discuss my posting habits with co-workers.

The internet can only get you fired. Believe it.
 

eiskrystal

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Yes, in a case like this, the government should step in and say "The First Amendment is VERY clear, you cannot infringe on a person's right to free expression and holding their job over them like BLACKMAIL MATERIAL is equivalent to infringing on a person's right to free expression!"
Are you really suggesting that a person cannot be fired for holding views in "direct" opposition to the good of a company or that had said something which caused embarrassment to the company? He has a "right" to say it, he does not have the right not to be criticized for any problems that speech causes though. As i said, it's a staff trust issue. Also it's not BLACKMAIL (by definition), as he was not stopped from posting.

You're right as it was tacky to get excited over a "like", but it's not a free speech issue.
 

techtre2003

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[citation][nom]tk1138[/nom]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....[/citation]

I think you're the foolish one here. There are MANY companies that don't allow the personal use of a competitor's product by their employees and that doing such could result in termination. I'm not saying that's right in all cases, but it is a fact of doing business. Also, there is a huge difference between liking a different movie than one you are working on and liking a candidate who is trying to replace your boss. Would Obama keep someone around who held up a sign behind him saying "vote for Romney"? Supporting an opposing candidate in an at will jurisdiction is going to get you fired just as Maxor127 stated. And I don't see anywhere that he stated he hated freedom of speech, in fact he said it was irrelevant to the case. Remember, freedom of speech is not some all powerful get out of jail free card you can use to say or do anything you want with no repercussions. I'm free to walk into my bosses office right now and say "F you I hate this place and everyone here". However, I'm not dumb enough to think that nothing will happen because I have free speech.
 

mamailo

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I am not from USA but... why is the "freedom of speech" is violated?
They can say whatever they want before and after.Besides if you don not like your boss just quit.
Well done for the Sheriff getting rid of the sneaky bastards.As long you pay the compensations dictated by the law; He has the right to dismiss the members of HIS staff.

As for the Judge and lawyers in general are directed by the approved laws text.Technology pass those all the time. Even if at personal level think it have some merit; is bonded by the approved law text. Let's wait and see the results of the appeal.
 
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There is something inherently wrong with this decision. Let's say I'm running for office. Now let's say I "don't" have a Facebook page, but others in my district do. Would it not make sense, for me to actually "encourage" my staff to keep tabs on what's going on in social media circles?

How else is one to keep up with the competition other than following them on Twitter, Facebook and the like? Without an update in the news feed or other available streams, your not going to know what your opponent is saying. It's no different than subscribing to a newspaper to get the latest news.
 
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