Some employees liked on Facebook the page of a man who was running against their boss for office. So he fired them. The employees maintain that the "like" on Facebook is speech and should be protected. But the judge says that the "like" isn't speech and so it was perfectly legal to fire them.
Judge rules that you can be fired for "Liking" the wrong thing on Facebook
As November 2009 elections loomed, B.J. Roberts, the sheriff of Hampton, Va., allegedly learned that six of his employees were actively supporting one of his opponents in the election, Jim Adams. Several employees had recently expressed their support for Adams by clicking the "like" function on Adams' Facebook page and by attending a barbeque fundraiser.
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Roberts then called a department meeting in which he advised the staff to get on the "long train" which him, rather than ride the "short train" with Adams, according to the six employees' complaint. After Roberts won re-election, he fired several employees, including three civilian workers and three uniformed deputy sheriffs who supported Adams.
These six booted workers, thinking their Facebook 'Like' was the cause of their dismissal, sued Roberts for violating their First Amendment rights. Their position: a Facebook 'Like' is protected free speech. U.S. District Judge Raymond Jackson's position:
It is the Court's conclusion that merely "liking" a Facebook page is insufficient speech to merit constitutional protection. In cases where courts have found that constitutional speech protections extended to Facebook posts, actual statements existed within the record.