Are Facebook 'Likes' a Form of Free Speech?
SodaHead Tech
2012/08/12 19:41:50
|
|
|||||
|
271 votes
|
|
79% | |||
|
73 votes
|
|
21% | |||
Political speech is protected under the first amendment, but there is growing debate regarding what exactly that means in today’s technological world. Is a single click of the mouse worthy of constitutional protection? U.S. District Court Judge Raymond A. Jackson thinks not. But, the American Civil Liberties Union (ACLU) and Facebook are fighting to defend this form of free speech.
During a 2009 sheriff election, Hampton, Va. deputy sheriff Daniel Ray Carter decided to “like” the Facebook page of his employer’s political opponent. After the election, when his boss was re-elected, Carter and five other employees who opposed or did not actively support the incumbent sheriff were fired.
Carter decided to sue and in January his case was thrown out by Jackson who argued, “Merely ‘liking’ on a Facebook page is insufficient speech to merit constitutional protection.” Now, Carter is appealing and the ACLU and Facebook are getting involved.
Both groups have submitted briefs to the U.S. Court of Appeals for the 4th circuit. In the briefs, they have attempted to demonstrate the political power of a single click. They point out that around 3 billion “likes” and comments are made on Facebook every day and also cite other ways the mouse-click can be used as a form of political expression: re-tweeting, signing a petition, donating to a campaign, etc.
“Pressing a ‘like’ button is analogous to other forms of speech, such as putting a button on your shirt with a candidate’s name on it,” Rebecca K. Glenberg, legal director of the ACLU of Virginia, told the Washington Post. Similarly, the Facebook brief describes the “like” as “the 21st century equivalent of a front-yard campaign sign.”
What do you think SodaHeads? Are Facebook “likes” a form of free speech?
During a 2009 sheriff election, Hampton, Va. deputy sheriff Daniel Ray Carter decided to “like” the Facebook page of his employer’s political opponent. After the election, when his boss was re-elected, Carter and five other employees who opposed or did not actively support the incumbent sheriff were fired.
Carter decided to sue and in January his case was thrown out by Jackson who argued, “Merely ‘liking’ on a Facebook page is insufficient speech to merit constitutional protection.” Now, Carter is appealing and the ACLU and Facebook are getting involved.
Both groups have submitted briefs to the U.S. Court of Appeals for the 4th circuit. In the briefs, they have attempted to demonstrate the political power of a single click. They point out that around 3 billion “likes” and comments are made on Facebook every day and also cite other ways the mouse-click can be used as a form of political expression: re-tweeting, signing a petition, donating to a campaign, etc.
“Pressing a ‘like’ button is analogous to other forms of speech, such as putting a button on your shirt with a candidate’s name on it,” Rebecca K. Glenberg, legal director of the ACLU of Virginia, told the Washington Post. Similarly, the Facebook brief describes the “like” as “the 21st century equivalent of a front-yard campaign sign.”
What do you think SodaHeads? Are Facebook “likes” a form of free speech?
Read More: http://www.washingtonpost.com/local/crime/a-facebo...
Top Opinion
-
American 2012/08/12 23:16:44
This judge, and all the people voting no, are retarded. I would bet my life savings that this decision gets thrown out in a higher court. Insufficient speech?? Is speech now somehow measurable in some form of units now? What exactly qualifies as a single, minimum unit of speech, then?
What this case comes down to is the fact that he was fired merely for expressing his opinion. When you "like" something, you are actively supporting it and expressing your opinion. It is fundamentally NO different than typing out the words "I support this" and submitting it as a comment.
I have a feeling that some kind of technological illiteracy is at work here, and the stupidity of this idiot, dinosaur judge stems from the fact that he has no idea what facebook is/how it works. Maybe when we get some better informed judges and get rid of these idiot dinosaurs our country will become a much better place.
FB "likes" are protected IMHO, but don't bet the house on it!
That being said, it's simple common sense not to diss your boss, MIl or Aunt Susie etc on FB for all the word to see ....and thereby create enemies, who will make you pay dearly for your indiscretion!
I am always amazed at how many private grievances and personal wars originate on FB. It's a public site. Smart people don't wash their dirty laundry there.
Every mouse click on the Internet is tracked by someone..... Orwell 1984!
Two or more options are not necessary and since you think so, that makes you the cretin.
Free speech is your buddy announcing his Toyota purchase. Free speech does not require anyone to agree with his comment or disagree with his comment.
Free speech can be clicking on like or making a comment.
Free speech does not require anyone to listen to a comment.
Free speech is someone standing on a soap box in the park talking about things near and dear to his or her heart. Free speech does guarantee him an audience. Free speech does not require agreement or disagreement nor does it require ambivalence.