The Fourth Circuit Court of Appeals unanimously decided that clicking the "Like" button on Facebook is considered a freedom of speech and is protected under the first Amendment. This ruling overturns a previous ruling from a lower court, saying it is not protected.
Using the "Like" button on Facebook is a popular way for users to show admiration towards something, whether it's a status update, picture, or posted article. Other users can see what people liked a certain picture or status and that is how this lawsuit started. Daniel Ray Carter Jr. was fired for "liking his boss's political opponent on Facebook." Carter, a Virginia deputy, was fired, along with five other employees.
Carter was fired for "not supporting" his boss, Sherrif B.J. Roberts, of Hampton. Last August, Facebook decided to side with Carter and his plantiffs, saying their First Amendment right should be protected. The original lawsuit said the likes were “insufficient speech to merit constitutional protection.” Chief Judge William B. Traxler Jr. disagreed and overturned the ruling about 18 months later.
This ruling affects journalists in the future that may have similar instances in showing support for rival journalists at rival newspapers. It also affects employees in other fields that were fired or punished for a similar action. There are instances, especially on Facebook, where articles are shared between people or "Liked" based on subjects, opinions, or personal interest. What if a story on the Newsday page was liked by a New York Times employee?
Now, journalists won't have to worry about losing their job over something as trivial as a "Like" on Facebook. In a world where there is more sensitivity than ever, it's a relief that there is still integrity about expressing one's opinion, whether it's done in person, in print, or on social media.