Use of Facebook’s “Like” Feature is Constitutionally Protected Speech

In Bland v. Roberts, Case No: 12-1671 (U.S. Court of Appeals, Fourth Circuit, order entered September 18, 2013), the U.S. Court of Appeals for the Fourth Circuit held that Facebook users who use the site’s “like” feature to support a political candidate engage in constitutionally protected speech. Thus, a former employee could bring a First Amendment action against his former employer for failing to reappoint him when he “liked” the campaign page of his former employer’s election opponent.

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