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

[exfileme]

A judge denied the Free Speech claims of six former employees who said they were fired for "likes" on Facebook.

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

 

[Kamab]

"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.

 

[DroKing]

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.

 

[Guest]

So... Why didn't the workers just cop out and say that the "Like" was simply showing sportsmanship?

 

[erunion]

Who wants to bet the decision had nothing to do with the facts and everything to do with the fact that the defendant was the sitting sheriff?

 

[Cache]

Funny, last time I clicked a button when voting, it counted, but clicking a different button elsewhere doesn't count? Are we really at a point in US law where we will say that some buttons count and others don't?

 

[djscribbles]

If there was no statement, then what were they fired for?

 

[cookoy]

Clearly the firing is wrong basing on the facts provided in this article. Who has the burden of proof regarding the "hindrance to harmony and efficiency of the office". There was no notice of such before the sheriff learned about the FB liking. Liking a person as a person may not be the same as liking his policies or opinions. I like George Bush when he called Tony Blair "Yo Blair" for being such a down-to-earth guy but i didn't like a lot of his policies. Heck a lot of government employees don't like Obama's policies either but you don't fire them for what they believe in.

 

[javaskull]

God, I have to agree, this is free speech. Trivial speech true, but the judge was wrong. If this was done on the employees own time there is no issue for the sheriff. Like is exactly the same as endorsing a candidate. It is speech, political speech and is protected by the first amendment plain and simple.

 

[morstern]

The Judge is wrong. I read this to mean that speaking impaired people who use image point software to communicate are not actually communicating because they are only touching images on a screen.

Am curious if anyone knows if this gets overturned and is considered a protected first amendment right, could they still legally be fired for hindrance of "the harmony and efficiency of the office"?

 

[cirdecus]

Regardless of whether it was free speech or not, I think we're all missing the point:

Is it legal to fire a government employee for having a political view opposite of their boss and expressing it.

I see wrongful termination all over this. I can't think of any legitimate reason to fire these people for their political beliefs? Even if you claim that pressing "like" is not expressing that belief, then that's even more of a reason why they can't be fired.

 

[zak_mckraken]

Can't really blame him, to be honest.

We're not interested in your opinion Kevin. Stick with the facts.

I can't find the reasoning in the judge's arguments. "But in this case, there were no "actual statements" involved." Then how do you justify someone getting fired? It's obvious to everyone that a "like" button is the same as saying "I approve this". If it's not "legally" a statement, thus, not protected by the First Amendment, it also means that it can't "legally" be used to justify a dismissal. Because, you know, they didn't say anything bad...

I hope the workers win the appeal.

 

[trumpeter1994]

Clicking like is just as much writing your opinion as clicking agree to a privacy policy is to signing your name.

This is ridiculous and clearly and violation of the first amendment.

 

[wiyosaya]

Just goes to show that both sides have activist judges.

 

[HEXiT]

surley pressing the like button is expressing an opinion. by clicking the button they are speaking virtually.. just because they didnt type "like" should have made no difference... in this case this judge is being an ass...

 

[djscribbles]

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?

 

[morstern]

Ok did some searching:

Virginia is an "At-will employment" (wiki it) state. So you can be fired for whatever reason. As a Sharif is an elected official people in his office who actively campaign (even with a like) can be fired for that. Not sure any politician will keep on staff (in their own office) that support the other team/candidate.

Anyhow, if someone with better knowledge/understanding of this law cares to share more, please do.

 

[JamesSneed]

If clicking like is not making an actual statement then why did the Sheriff fire these people?

If clicking like caused him to state “hindered the harmony and efficiency of the office.” how is clicking like not speech?

Its so oddly contradictory.

 

[itguy_nyc]

Even "At Will" employment has guidelines against discrimination.

http://www.expertlaw.com/library/employment/at_will.html#5

 

[aquila]

[citation][nom]Cache[/nom]Funny, last time I clicked a button when voting, it counted, but clicking a different button elsewhere doesn't count? Are we really at a point in US law where we will say that some buttons count and others don't?[/citation]
All buttons are equal. But some buttons are more equal than others.
- Button Farm