When “Like”-Minded People Click: Facebook Interaction Conventions, the Meaning of “Speech” Online, and Bland v. Roberts

Abstract

In Bland v. Roberts, a public-sector employee sued because he was fired for clicking the Facebook “Like” button on the campaign Website of his employer’s re-election rival. The judge dismissed the free-speech claim stating that “Liking” Web content is not “sufficient” speech to warrant constitutional protection. Employing relevance theory, we explored whether Facebook users’ attitudes and practice indicate the expectation of free-speech protection. Data collected included participants’ “Liking” habits and attitudes about whether “Liking” communicates a message. Two-thirds of the respondents agreed on the meaning of a “Like,” and 81.6% of respondents believed that “Liking” something is communicating a message.