Your Facebook ‘Likes’ Can Get You Fired
FORTUNE — Applying old laws to new technology can be tricky. Earlier this year, the blogosphere was buzzing about an unresolved lawsuit over who owns business-related Twitter followers, the employee or the company. Now comes a decision in the U.S. District Court for Eastern Virginia that tackled a different issue: Can an employee be sacked for liking something (or someone) on Facebook?
The facts in a nutshell: In Bland v. Roberts, Bobby Bland and four coworkers in the sheriff’s department in Hampton, Va., clicked the “like” button on the Facebook page of Jim Adams, who was running against their boss, Sheriff B.J. Roberts, in 2009. Roberts won, and promptly fired all five, citing budget constraints, unsatisfactory work performance, and a lack of “harmony and efficiency” in the office. But Bland and his cohort contended it was liking Adams’ Facebook page that got them canned.
Of course, openly supporting your boss’s opponent in a political campaign seems risky on the face of it, but leaving common sense aside, the case hinged on whether a Facebook “like” meets the standard of free speech as protected by the Constitution. The judge ruled that it doesn’t, adding, “In cases where courts have found that constitutional speech protections extended to Facebook posts, actual statements existed within the record” (emphasis is his).
That’s fine as far as it goes, say legal scholars, but the act of liking something on Facebook may be far more of a statement than the judge apparently realized. “Judges in general do not really understand Facebook,” observes Eric Goldman, who teaches at Santa Clara University School of Law in Silicon Valley. He also directs the school’s High Tech Law Institute and writes a blog on high-tech legal issues.