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- Huge implications - and how is my saying "I like this!" different from hitting the "Like" button? Or is it that my saying "I like this!" is not protected speech?Apr 28, 2012
- Screw it, I'm going back to bed
I'm done with this world.Apr 29, 2012
- Where's the dislike?Apr 29, 2012
- Only the Congress can violate the First Amendment, not a sheriff. And I deeply dislike Obama, yet I've liked his page to see his Facebook posts.Apr 29, 2012
- I'm afraid you're mistaken. Although the text of the First Amendment applies only to Congress, the U.S. Supreme Court has held that the guaranties in the First Amendment (among other amendments) apply to the states/local governments by way of the due process clause of the Fourteenth Amendment ("no state shall deprive a person of life, liberty or property without due process of law"). The Court has looked to the Bill of Rights for examples of the types of "liberty" that would be protected by the amendment.
As to the court's decision, I think the judge blew it. For expressive conduct to be protected, the law requires only that a viewer be able to understand what the message being communicated is. (That I might misconstrue the message doesn't matter.) The act of clicking "like" on FB may be easy but it seems like expressive conduct to me. Granted, some may like a page for different reasons, but it would be reasonable to conclude that a person clicks the like button because he or she supports the candidate.
A troubling decision.Apr 29, 2012
- Thanks for the linkI won't count myself among First Amendment scholars, but I've done enough constitutional law work to know some of the rules.Apr 29, 2012