By Brianna Spause
Special Features Editor

On April 24, the rights of Daniel Ray Carter were brought to question over a Facebook “like” in Norfolk, Va. Five workers were terminated after showing support of their boss, Sheriff B. J. Roberts’s political opponent, Jim Adams. The rights of these workers were violated under the Freedom of speech and expression outlined in the First Amendment.

Upon termination, the five workers sued Robert, claiming that their support of Adams in the 2009-reelection bid was not sufficient grounds upon which to be fired. Daniel Ray Carter, one of the terminated workers, “liked” a Facebook page in support of Adams, and felt as though that was the reason he was fired.
“Simply liking a Facebook page is insufficient” ruled Federal District Judge Raymond Jackson in reference to the First Amendment. “It is not the kind of substantive statement that has previously warranted constitutional protection” Jackson said.

Freedom of speech, as defined by Constitutional law protects the written and spoken word. Freedom of expression, under which the plaintiff felt a Facebook “like” falls, protects the expressions of ideas and symbolic speech.

“Liking” a Facebook page is a direct expression of an opinion, which does not warrant termination from the job place. A “like” is considered approval of a post, picture, or page, and is symbolized by a thumbs up. Upon “liking” a page, it appears on the user’s wall, and on the user’s friends’ news feeds.

Eugene Volokh, a professor at the University of California, who opposes of Jackson’s ruling felt that the “like” conveys a symbolic message to others.” “It may just involve just a couple of mouse clicks, or maybe just one mouse click, but the point of that mouse click, a major point of that mouse click, is to inform others that you like whatever that means.” Volokh said in a May 5 interview with The New York Times.

Facebook is a simplified way to share both comments and ideas with thousands of other people at once. Posting a status about support of a political candidate, or liking their page, both equally demonstrate support of the subject.

“Liking” a Facebook page is easily comparable to a bumper sticker, or a political button. These acts of symbolic speech are protected under the First Amendment, and as should the “like.”
Rapidly developing technology gives people easy access to a whole world of expression. What this case demonstrates is the limits being placed on Facebook, and other social networking sites of the like. Their sole purpose is to share with friends different ideas and opinions whether they be controversial or not. One of the rights that American citizens pride themselves on is the right to express opinions, and say what they please even if it does cause opposition. Jackson’s ruling completely undermines that “golden” right, and will face appeals by Carter’s attorney.