August 9, 2012 – Professor Eugene Volokh commented on whether or not ‘liking’ something on Facebook should qualify as free speech in an article in the Washington Post.
Responding to a judicial decision that ‘likes’ are not worthy of legal protection as part of a court case in which a man was fired by ‘liking’ his boss’s political opponent on Facebook, Professor Volokh contended that firing for such reasons is generally unconstitutional.
“If the 4th Circuit agrees with the judge — that liking is not protected speech — that would suggest an overturning of precedents,” Volokh said. “It would be interesting to see what the Supreme Court would do with that decision.”
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