Keep Your Job: Facebook "Likes" Aren't Free Speech

Facebook is not constitutionally protected speech, according to a federal ruling, in a case where public employees were allegedly fired over "liking" their bosses' political opponent on their profiles.

Judge Raymond A. Jackson decided liking is fair game because users only have to click to associate, not generate text or speech. Analysts expect an appeal, and the matter, which could significantly impact hiring and firing practices within the U.S., will likely reach higher courts.

Although liking something on Facebook publicly presents a personal preference, the judge ruled it was not free speech, a decision some characterize as a mistake.

The ACLU pointed out, "Just because the Internet and social media tools are new, that does not mean they should be treated differently from more traditional forms of communication."

Although critics say the judge's ruling is unfair, people may want to think twice before "liking" potentially controversial topics on Facebook.

Lawmakers are trying to curtail the practice of employers and potential bosses demanding their workers' Facebook passwords, and with good reason, as snooping through personal online correspondence is both illegal and morally dubious.

Some employers believe looking at public Facebook statuses and photos is simply smart hiring, however, and people who regularly posts inflammatory, poorly worded public statuses or pictures of themselves doing something illegal are probably not going to be solid job material.

Even if Jackson had ruled the posts are protected speech, employers still may not take kindly to hiring or retaining someone with contentious views. And Facebook is known to track which pages followers frequent, even if they do not click the Like button, so especially prudent workers may want to avoid browsing through iffy pages in case their employers somehow discover their Internet history.

At this point, Internet-savvy workers should know whatever they put on social media can probably be discovered by authority figures. Yet people continue to defy common sense, posting pictures of illegal exploits that lead to arrest and torpedoing job opportunities by flaunting scandalous pictures or using bad language publicly online.

While prudent employees may think before "liking" divisive topics, employers will do well to realize clicking a button does not always signify the person feels strongly one way or the other, and turns a temporary whim into a permanent part of a person's online presence. Unless employers understand what they find on workers' Facebook pages may be years old, people looking for jobs later in life may find themselves haunted by moments in college they decided to like a fringe political party, off-color joke or marijuana reference.

The man who "liked" his bosses' political opponent, in this case, may have clicked that button before starting work, or briefly preferred him but changed his mind soon after. Liking something on Facebook takes less than a second and doesn't allow room for nuance or an explanation. Yet it can be interpreted as a fervent declaration of support and, as this ruling underscores, be used as a basis for employment termination.