Because freedom can't protect itself
These people were also engaged in the political process, they should be protected under that alone.
I like what the aclu stands for, but this does not seem to be a first amendment issue. My understanding, and it may be lacking, is that the first amendment protects us from the state, not from disapproval.
We may want to put up signs in our front yard (in accordance with city ordinances) that profess our (unhateful) opinions, but that doesn't guarantee that our neighbors must still invite us to their barbecues.
I would give the workplace special consideration, though if you work for a holocaust museum, don't expect a pass on liking a neo-nazi site!
And maybe that's part of what needs to be taken into account. Does the free speech go against the mission of the organization or business? Or just someone got individually offended?
This would require judgement, though we certainly have other laws that have the word "reasonable" in them. And this being said, is there even a present law, other than attempting to claim the first amendment, that this would fall under?
The right and need to work is special indeed, and carries much importance in our lives, but I know of no law (and feel free to educate me) that prevents an employer from being a jerk.
It's called a "Like" for a reason. It is an expression of support. If someone's employment is affected by this expression of support, and other similar expression's of support are protected, then there is no logical reason why the pressing of a like button shouldn't be protected speech as well.
In a recent court case, Eastern Federal District Court, defendant couldn't defend what she said was the truth when encouraging animal rights groups to get involved regarding an alledged animal abuser and to"like" what was being said. Federal jury awarded $7,500 conpensatory damages for conspiratory and defamation, plus $60,000 in punitive damages, and the federal court trebled the compensatory damages award on the business conspiratory claim. 5000 friends x $20 each but only 12 friends hit the "like" button.
Goddamn ignorant, fat-ass bureaucrats have no place in the real world. Don't these fat slobs know that sometimes on Facebook, you have to click "like" in order to comment on a page?
This is proof positive that only the most inept of society ever run for any sort of office.
I would most definitely rule for the plaintiff. The ACLU has a great argument that I completely agree with! Liking something expresses your opinion about it. Why else would you click the button, you know it shows others what you like. Its expression, and needs to be protected. Spot on, ACLU.
This is such a great brief and I couldnt agree more. Everyone knows that when you like something, it shows everyone else what you like. That is what makes it fun to express yourself on facebook. It shows your opinion. Spot on, ACLU.
I certainly think that a "like" on Facebook should be protected by the first amendment. Expressing something that you like, regardless of whether it's through a social network or not, is a right that is and should be protected by the first amendment. Of course the "clear and present danger" test would still be applicable to a "like" on Facebook and it would make sense for the speech to be limited if it was endangering the country, however, if someone "likes" something on Facebook that is a danger to the company they work for (unless it's related to the government) it would be unconstitutional to fire that person.
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