Turns Out “Like”ing Something on Facebook Constitutes Actual Speech

The Fourth Circuit Court of Appeals ruled today that “Liking” something on Facebook constitutes protected speech.

In an important, but hardly surprising, decision, the court reversed a ruling by federal district judge, Raymond A. Jackson. In a decision that must have upset admirers of symbolic and actual speech everywhere, Judge Jackson ruled that a Facebook “like” was “insufficient speech to merit constitutional protection.” The lower court judge distinguished the Facebook “like” by noting that in other opinions recognizing protected speech on Facebook “actual statements” were used.”  Regardless, if one should ever come upon a sign while driving that simply says “stop” assume it is an actual statement.

The case stems from a lawsuit brought by a group of deputy sheriffs in Hampton, Virginia, one of whom, Daniel Ray Carter, Jr., claimed to have been fired from his job because he had “liked” the individual running in a campaign against the current sheriff (i.e. his boss). The Fourth Circuit’s Chief Judge William Byrd Traxler writes, “Once one understands the nature of what Carter did by liking the Campaign Page, it becomes apparent that his conduct qualifies as speech. On the most basic level, clicking on the “like” button literally causes to be published the statement that the User “likes” something, which is itself a substantive statement.”  Chief Judge Traxler also noted that “Carter’s speech was political speech, which is entitled to the highest level of protection.”

The case is Bland v. Roberts.  You can read the 81 page decision in its entirety here.