Everyone knows the First Amendment protects individuals from government censorship of their freedom to speak or express themselves. As Americans, we have the right to peacefully protest or express our ideas in public spaces.
However only recently have courts begun to apply this 200-year-old document to modern technology and the new forms of digital "speech" or "expression" created by this technology.
In a decision last week, Chief Judge Traxler from the Fourth Circuit Court of Appeals held that a person "liking" another person's page or post on Facebook is protected speech under the First Amendment.
In this particular case, a man named Mr. Carter was fired by his government employer for "liking" the Facebook page of a political candidate. It just so happened Mr. Carter's boss was running for election and Mr. Carter had "liked" the Facebook page of the candidate opposing his boss! Mr. Carter later sued, alleging that his termination was retaliatory and violated his First Amendment right to digitally "like" whichever politician he chooses.
Chief Judge Taxler wrote:
In sum, liking a political candidate's campaign page communicates the user's approval of the candidate and supports the campaign by associating the user with it. In this way, it is the Internet equivalent of displaying a political sign in one's front yard, which the Supreme Court has held is substantive speech.So feel free to "like" UC San Diego's Student Legal Service's Facebook page now that you know you are protected by the First Amendment of the U.S. Constitution!
