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Judge rules Facebook 'Like' is not free speech

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    Tamara Holder & Doug Burns discuss new legal challenges relating to social media.

  • Duration 6:09
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This transcript is automatically generated

It's interesting case.

Down in Virginia now regarding FaceBook.

So that is -- a deputy sheriff.

Who goes on -- FaceBook page and then who likes.

The FaceBook page.

All the sheriff's political opponents Aqua gets fired for it.

-- is that seems rather -- bad but the reason why what basis could you justify that extreme interest in case.

Which on some levels mixes apples and oranges and other words the case.

The principal in the case was whether or not.

Clicking the like button is free speech he arcade and the secondary issue is can -- retaliatory.

Fire somebody because they lack the political opponent he.

You're right you can't really fire somebody because they say.

They like.

Your political opponent but on the question of speech the real issue was speech doesn't have to be just words you can also be symbolic speech so we had.

What I call the Justice Scalia lifeline.

Argument which is he always argues that people say he's so conservative era comes -- the same way -- he ruled in favor of burning the American flag you remember that.

And the point is they said that that's speech so similarly clicking the like button.

On the court ruled is also speech he overruling galore -- -- part of it.

But the and the point is is that now they're gonna decide whether it was an unfair higher rent and why do you want your will to be too.

Well the first thing is what was the intent in my opinion.

The like button -- for people who know FaceBook very well.

You can't comment or really see a lot of -- -- and tell you -- kids.

So it's actually just you're giving.

-- authorizing access onto a page by pressing the like button.

So I don't think he was necessarily and I I don't know what his intent was the use necessarily liking the opponent as much as he was -- it.

To have access to the page and so he had -- like.

Like the -- right on yeah -- there's a bigger issue here and the issue is with regard to free speech on FaceBook and I studied this for years.

When kids commit suicide you have to -- Saturn.

That are really desecrating.

Putting does create images his -- FaceBook pages.

Is that free speech and this is a whole new arena that it is is just.

Unchartered territory -- and they said.

What -- he stood on the street corner and say to highlight the opponent has that different from Clinton like what America can answer that because if you have to just click like just to get there.

Right there really that the -- I think.

A lot of our viewers weighing in here it's our question of the day should face -- -- can be protected under the First Amendment.

73% saying yes only 21% saying no you guys would agree -- that generally.

-- in my personal can you even do good agree that anything I don't like I personally agree with the appellate court that it is.

Protected speech but then I would say that he was fired.

In a retaliatory action -- right yet I I would agree he is a case third.

I -- his job back.

I think so because we do not protect.

People who do these things on Facebook.

Whether or not they should be fired for retaliatory reasons -- -- then you're opening a new can of worms and I think we're gonna lose people on FaceBook and Twitter because they're not protected.

We are not only will go -- with the social media rewrites all of these rule while sort of we have all we have to rewrite the rules keep up with so what -- thing because legally Jonathan your right.

I mean.

You know sending something in an email with a click -- and -- a new electronic versions of the law has some of that.

Yeah there's little or nothing quickly enough.

I don't think so we but you know there was a recent Twitter on Twitter dispute where -- and Mikey he wanted access to somebody -- therefore that slightly Mike Tyson Michelle Williams I want to see it was fabulous throughout you know I myself find no safe.

And I -- -- because they found that the identity by getting a subpoena while I.

I don't know if they did find the identity -- -- sign -- coalition delayed until this was they got some information ultimately pay for them whatever that -- right there in the beginning.

Twitter said I do you not and so there's a real balancing test -- to.

Which I argued with least.

Last week while this is an imminent safety threat they should turn it over what what about in this situation when it's just a like button you know where there's so much of the creek area and this arena.

Right and I guess the colts will decide it for a -- eventually.

Can anyway this is what if you didn't like by Arafat's a good point that's a good morning I didn't really mean until I get over yourself why because not all throughout -- we have the -- -- there -- something intentionally written by accident run.

Well and this is -- I just I I thought out Sarah Palin a few years ago I don't know if you remember but she lights.

Some kind of -- and it was an accidental Oaxaca.

If she said it was by accident I think it was something that I did the Laughner shooting or or whatever it may be the viewers can write your mind that I remember she it was a it was not like it was favorites and I favored it while tweet.

And got a huge response negatively.

Not much faster than it was by accident it was back time -- like this on Oliver Wendell Holmes that even a dog.

Can tell the difference between being kicked.

Vs being someone else could top 100 days of the -- -- -- that's very good good candidate -- and is -- in 57 writes in saying if I don't mind to something like I wouldn't -- much -- back -- that's not bad -- neither.

All right and only question all of the cult.

Shooting.

The guy with a knife in you you'll can now how many time -- bullets with five -- -- -- desist.

Does anyone think that if your life was in danger -- -- you would -- one time then wait to see if you like facility in danger and then shoot again that's a fair point.

In those situations I guess unless you've been in that situation.

He really you know why you are.

Since this stuff it's scary it's scary place to Dallas and that was a scary seeing these voters scared I mean there were a lot multitude -- and keep you know very very scared yeah I think -- -- the tourists weren't injured by the police -- yes you'll accidentally of course by it was it was really a good ending for a -- of about a war against innocent people more armed.

All right Carol Doug burns thank you but I don't know much.

Great to see you again that is about -- for Omaha.

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