What Does It Mean To “Like” Ike?

A seemingly trivial act—“liking” the Facebook page of one candidate for sheriff—allegedly cost two employees their jobs when the other guy won the election. And a Virginia federal court has now ruled that the election–winner did not violate those employees’ First Amendment rights when he fired them.

As reported on arstechnica, two employees of the Hampton Sheriff’s office “liked” the Facebook page of their boss’s opponent in the race for city sheriff. When their boss won reelection, he terminated the two “fans” of his former opponent, citing cost–cutting and budgeting as justification for the terminations. The dismissed employees sued for employment discrimination arguing that the sheriff had fired them for engaging in protected speech. The federal district judge disagreed, concluding that “liking” a Facebook page does not rise to the level of constitutionally protected speech, distinguishing mere “liking” from “posting” on a Facebook wall. The court also concluded that Facebook contact was not sufficient association with the campaign of the losing candidate for the plaintiffs’ freedom of association to be threatened by their dismissals.

So how trivial is “liking”? So minimal as not to merit constitutional consideration? Or too important not to? No doubt the practice will receive further judicial scrutiny, either in this case or others coming down the line.

Bland v. Roberts, 4-11cv45 (E.D. Va.; Apr. 24, 2012)

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Posted by David Swetnam-Burland