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Are Facebook 'likes' protected free speech?

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    U.S. court to decide

  • Duration 3:26
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Who claims he lost his job for clicking like on -- FaceBook page is fighting back in court claiming FaceBook likes should be protected free speech.

The Virginia deputy says he got fired for liking the page -- a candidate who was running for sheriff against his then boss.

A court ruled the First Amendment does not apply to like saying they are actual statements.

Now the case is up for -- and by the way FaceBook itself is now weighed in disagreeing with the decision in a brief to the court calling likes the quote.

21 century equivalent of a front yard campaign side.

Let's bring -- to back the lawyers for prosecutor ready Zahn and criminal defense attorney.

Julia morrow and -- me to tell me that a file and all line I click the box that says Randy is all the world's greatest attorney and I said yes.

That that's not protected speech because I clicked -- didn't exactly right it come on.

You'd be brilliant but it would.

Not be protected speech.

Let's listen carefully listening because members speech you can hear expression you can see so let's listen carefully for the speech.

I don't hear ready and if we look -- we see is -- the like the thumbs up.

It's not protected speech perhaps the framers of the constitution did not contemplate FaceBook.

But the reality is we live in a world the technicalities.

He missed a deadline by a -- it.

You blow a statue limitations.

Until the law who haven't.

-- -- -- -- technology the bottom line is it's not speech it's not expression it's not protected by the white the guys lousy employee he voted against his own boss.

We little.

World -- technicalities we also live in a world that is not cut off above blogs have not come up with technology mean to tell me that if if you read -- something which is ready says is also you can't hear it is it just a click if I read -- something that's offensive.

Or something that I think is free speech that they're gonna say oh no no that's not -- -- didn't exactly say -- you just.

Forward and you just -- that that's going to be the communication for the next thousand years just clicking.

Yet no -- and that's actually not what's going on your trees wolf first of all let me just say that's giving someone the finger.

It's protected speech under the First Amendment.

So if that's the case and certainly when this case goes on appeal.

Clicking a thumbs up sign on FaceBook is certainly going to be deemed to be protected speech.

Because even though there's no content -- it.

It's -- -- a message in the case of giving someone the middle finger.

They're letting them know you don't like them.

Or something or whatever they -- -- with the thumbs up sign you're expressing an opinion that you like -- so ultimately I think this man is going to win on appeal.

I was there the other issue you -- -- I'm FaceBook posts traits that have on the actual words in -- Have been already determined to be protected speech so in -- -- the law hasn't -- up with technology.

And is Syria ready says look that there's no difference between pushing a button and wearing a block.

Why is that there's a huge difference take Julius example and I of course I won't do the middle finger.

On television but that timing for you got something that you can see.

All you can see in this issue right here is the FaceBook -- it's still it's the language behind it and it's just not protective.

Randy -- and Julia -- thank you both.

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