Clicking 'Like' on Facebook is free speech, best practices change

CHICAGO (FOX 32 News) -

Millions of Americans use social media every day, unaware that what they write and even what they "like" could have serious consequences.

John Riccione of Aronberg-Goldgehn joined FOX 32 News at Noon on Monday to talk about what the federal appeals court ruling about Facebook "likes" being protected as free speech means for the average American.

"You still should just use common sense," Riccione said. "The new federal court ruling made clear that clicking the "like" button on Facebook is speech. You are setting out there your position or agreement with someone else's position and that is speech."

He also explained the legal consequences of writing something on Facebook that offends someone and whether or not you can face legal action for posting nasty messages about a company or its products online.

"Know your company's social media policy and follow it," Riccione explained. "Number two, just be reasonable and sensible out there, don't post something that you wouldn't say to someone---who you could be posting too---and third, don't vent on social media. Social media is not your psychologist."

BACKGROUND REPORTING BY THE ASSOCIATED PRESS

RICHMOND, Va. (AP) - Clicking "Like" on Facebook is constitutionally protected free speech and can be considered the 21st century-equivalent of a campaign yard sign, a federal appeals court ruled Wednesday.

The 4th U.S. Circuit Court of Appeals in Richmond reversed a lower court ruling that said merely "liking" a Facebook page was insufficient speech to merit constitutional protection.

Exactly what a "like" means - if anything - played a part in a Virginia case involving six people who say Hampton Sheriff B.J. Roberts fired them for supporting an opponent in his 2009 re-election bid, which he won. The workers sued, saying their First Amendment rights were violated.

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Clicking 'Like' on Facebook is free speech, best practices change