Logo
Menu
  • Home
  • Practice Areas
    • Medical Malpractice LawHelping New York Medical Malpractice, Personal Injury Cases
    • Close
  • New York Injury News
  • Press release
    • Injury News
    • Motor Vehicle Accidents
    • Personal Injury Accidents
    • Construction Accidents
    • Medical Malpractice
    • Premises Liability
    • Product Liability
    • Work Related Fire Fighter Deaths
    • Wrongful Death
    • Close
  • Ask A Lawyer
  • Free Case Evaluation
  • Sitemap

Home » Injury News » Facebook ‘Like’ Isn’t Protected Speech Notes Los Angeles Employment Lawyer

Facebook ‘Like’ Isn’t Protected Speech Notes Los Angeles Employment Lawyer

New Source: JusticeNewsFlash.com

06/12/2012 // Los Angeles, CA, USA // Keller Grover LLP // Lawyer Eric Grover Los Angeles Employment Lawyer // (press release)

Los Angeles, CA—For most people when they click the “like” button on a Facebook page they don’t think twice about whether that could affect their job. But, as social media rises in popularity and becomes more of a fixture in our everyday lives, consumers will have to start considering how their actions on social media sites could affect their ’offline’ lives, reports Los Angeles employment attorney Eric Grover of Keller Grover LLP.

The question about Facebook “liking” is now showing up in courtrooms across the country as judges are trying to determine whether First Amendment rights protect employees in the social networking world.

According to a recent decision by a Virginia district court judge, a Facebook “like” is not constitutionally protected free speech. The case looked at whether Sheriff B. J. Roberts of Hampton was entitled to fire six employees, because their actions on the social media site allegedly “hindered the harmony and efficiency of the office.” The terminated employees had all clicked the “like” button on the page of the sheriff’s political opponent, Jim Adams, in a 2009 re-election bid which Roberts won, the New York Times reports.

The terminated employees subsequently sued after they were fired, claiming that their First Amendment rights were violated. But Judge Raymond A. Jackson of the Federal District Court determined that simply clicking Facebook’s thumbs up button did not constitute expressive speech. The judge clarified the point by indicating that if the employees had written out a message and posted it on the site, it would then be covered under their First Amendment rights.

The crux of this employment lawsuit ultimately hinges on whether a “like” qualifies as protected speech. Typically the court would have to determine what role an employee’s statements played in their termination and whether there were other sufficient grounds for termination, such as insubordination or incompetence. That said if the speech was not protected then it cannot be a factor in determining whether the termination was legitimate.

The terminated employees allege that their expression of support for the sheriff’s opponent was a protected political statement and that the “thumbs up” icon for a Facebook “like” is no different that an actual thumbs up, which is a legitimate expression of an opinion, hence protected.

“The laws regarding the limits of free speech in the new world of social media are just starting to develop,” noted Bay Area employment lawyer Eric Grover. “Until clearer standards evolve, both employers and employees need to be careful about what they say or do on social media outlets.”

The ruling is expected to be appealed and potentially may even reach the Supreme Court.

To bookmark this article please click here: Facebook ‘Like’ Isn’t Protected Speech Reports Los Angeles Employment Lawyer.

Media Information:

Address: 16133 Ventura Blvd., Encino, CA 91436
Phone: 213-493-6345
Url: San Francisco employment lawyer | Los Angeles employment attorney

News Source: JusticeNewsFlash.com – Press Release Distribution

It's only fair to share...Pin on Pinterest
Pinterest
Tweet about this on Twitter
Twitter
Share on LinkedIn
Linkedin
Share on Facebook
Facebook
Email this to someone
email
Print this page
Print
June 26, 2012   injurynewsreporter
Injury News
×

  • Woman trapped under dresser for days
  • School found not liable in batting cage injury case

Recent News and Press Coverage

  • Legal standpoint on boating accident on the Hudson River by Glenn A. Herman NYC Boat Accident & Wrongful Death Lawyer July 14, 2022
  • The New York Post reports that an e-bike rider was killed in a crash on the Upper East Side July 12, 2022
  • Glenn A. Herman, a Brooklyn hit-and-run lawyer, explains death of Omar Stewart July 10, 2022
  • Martensen IP Discusses Open-Source Software in Government Contracts. Is OSS Right for You? June 30, 2022
  • Manhattan Bicyclist and 3 Women Severely Injured Analysis Report by NYC Bicycle Accident Lawyer Glenn Herman June 21, 2022
  • Manhattan, NY Slip & Fall Injury Lawyer Explains – What Is Slip & Fall, and What Injuries Does It Cause? June 20, 2022
  • biBERK Business Insurance Answers Questions on Workers’ Compensation Insurance Coverage for Seasonal Workers June 13, 2022
  • Compensation in a NYC E-Bike Accident – New York City Personal Injury Attorneys Glenn & Robin Herman Explain June 5, 2022
  • How the Pandemic Impacted The Cheer Industry, And What’s Here To Stay May 31, 2022
  • INVESTIGATION ALERT: Kaskela Law LLC Announces Stockholder Investigation of Tenneco Inc. (TEN) Following Privatization Announcement and Encourages Investors to Contact the Firm March 6, 2022
  • INVESTIGATION ALERT: Kaskela Law LLC Announces Stockholder Investigation of Sema4 Holdings Corp. (SMFR) in Connection with Recent Merger Announcement February 27, 2022
  • NYC Slip, Trip & Fall Injury Attorney Offers Free Resource – Who Can Sue Their Landlord In Winter Slip/Trip and Fall Incidents February 25, 2022
  • New York City Bike Accident Attorney Weighs In on Seattle dropping bike helmet rule due to racial justice concerns February 22, 2022
  • How to Find the Best Slip & Fall Injury Lawyer in Queens, Bronx, Manhattan, NYC January 27, 2022
  • New York City Bicycle Injury Lawyer Glenn Herman Weighs In on NYC Parks Department Bans E-Bikes January 1, 2022
  • How to Effectively Draft Nonprofit Bylaws without an Attorney December 23, 2021
  • GOOGLE UNIVERSAL FOR LAWYERS – HOW ATTORNEYS CAN BENEFIT FROM 100% SAFE SEO December 23, 2021
  • Law Offices of Stuart M. Kerner, P.C. Announces 5M Settlement for Bus Accident December 16, 2021
  • Manhattan Bicycle Accidents Lawyer – Injury Attorney Glenn Herman ebook Pandemic & New York City Bicycle Injuries 2021 Available Now November 26, 2021
  • New York City Bike Injury Lawyer Glenn Herman Analysis on Sharp Rise in E-Bike and E-Scooter Injuries October 9, 2021

Archives

  • July 2022
  • June 2022
  • May 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • July 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • October 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008
  • October 2008
  • September 2008
  • August 2008
  • July 2008
  • June 2008
  • December 1999
  • January 1970
New York Injury News
1512 Schorr Place
PMB #35071
Bronx, NY 10469
718-210-1007
Copyright © 2022 New York Injury News
Go to mobile version