Is a Facebook “Like” Not “Substantive” Enough to “Warrant[] Constitutional Protection”?

So holds Bland v. Roberts (E.D. Va. Apr. 24, 2012). Plaintiffs were fired from the Hampton, Virginia Sheriff’s Office, and they claim that this was because they backed the Sheriff’s opponent in an election, Jim Adams. In particular, two of the plaintiffs, Carter and McCoy, claim that they were fired for “liking” Adams’ page on Facebook.

Firing a government employee based on his speech on matters of public concern is generally unconstitutional. There are exceptions, for instance for speech by a high-level employee whose political affiliation is relevant to the job (such as the Sheriff’s top lieutenant), for speech that’s part of one’s job duties, or for speech that sufficiently disrupts the functioning of the office. But while the judge suggested that some of these exceptions might apply, he did not primarily rely on those exceptions.

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