Are Facebook 'Likes' a Form of Free Speech?

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?