Clicking 'Like' on Facebook is free speech

19 September 2013| last updated at 07:55AM

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 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 free speech protections were violated.

Roberts said some of the workers were let go because he wanted to replace them with sworn deputies while others were fired because of poor performance or his belief that their actions hindered the harmony and efficiency of the office. One of those workers, Daniel Ray Carter, had liked the Facebook page of Roberts opponent, Jim Adams.

U.S. District Judge Raymond Jackson in Norfolk had ruled in April 2012 that while public employees are allowed to speak as citizens on matters of public concern, clicking the like button does not amount to expressive speech. In other words, its not the same as actually writing out a message and posting it on the site.

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Clicking 'Like' on Facebook is free speech