Facebook's 'like' button in court over free-speech argument

Facebook and the American Civil Liberties Union (ACLU) are arguing in a Virginia court that “liking” something on the ubiquitous social network is constitutionally protected free speech.

The wrongful termination lawsuit involves six employees fired by the Hampton, Va., Sheriff B.J. Roberts. The claimants say they were laid off for supporting Roberts’s opponent in his 2009 reelection campaign. One of them “liked” the Facebook page of Roberts’s opponent, Jim Adams.

U.S. District Judge Raymond A. Jackson tossed out the case in April on the grounds that a single click was inadequate to qualify as protected speech.

“Simply liking a Facebook page is insufficient. ... It is not the kind of substantive statement that has previously warranted constitutional protection,” Jackson wrote.

The claimants appealed the case to the U.S. Fourth Circuit Court of Appeals, and Facebook and the ACLU got involved.

Facebook filed an amicus brief supporting the fired employees, arguing that Jackson’s decision ignored settled case law and demonstrated "a misunderstanding of the nature of the communication at issue.”

The ACLU also filed an amicus brief on Monday, stating that “an individual who uses the 'Like' button is making a substantive statement. This is especially the case when a user 'Likes' a political candidate, as that is a clear sign of support for that candidate.”

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