Civil SuitConstitutional RightsFirst AmendmentMunicipal LiabilityPoliticsSocial MediaWrongful termination
Facebook ‘Likes’ Not Protected As Free Speech for VA Sheriffs
Facebook 'Likes' not protected as free speech, judge rules (via FCW)
U.S. District Judge Raymond Jackson issued the ruling in a case brought by six civilian employees of the Hampton, Va., sheriff’s department. One of the plaintiffs, Daniel Ray Carter, was fired after he “liked” his boss’ opponent on Facebook in a 2009 sheriff’s election. He filed suit, claiming the…
It may be smart to find out what is and is not acceptable in your company’s social media policy. And when it comes down to it: when in doubt, don’t!
I get the part about your Facebook activity not being covered by First Amendment rights but on what grounds can the employees of the sheriffs department be fired?
Aaron
First of all, let me make it clear – I am not comfortable with the way the First Amendment is being applied to public employees. It has become a watered down version of a watered down version of free speech.
Having said that – the Sheriff’s employees were terminated for “Liking” the Sheriff’s opponent in an election… so to answer your question – there were no grounds. It was political.
It is a sad day when the First Amendment cannot protect public employees from being terminated under these circumstances, but the courts are all wrapped up in these judicially constructed “tests” – and the judges are content to play word games without taking a step back and saying – what a minute here – 6 people are being terminated for “liking” one political candidate over another?
Now that is great if you are an elected official – you can keep your employees in line. But to me – it is wrong and violates the spirit – if not the letter – of the 1st Amendment.
Wow! I have co-workers, scratch that, people who come masquerading as firefighters that have done some crazy things that certainly warrant discipline or worse and they’ve been let off with suspensions. Does discipline vary from state to state or does the sherrif in this case have some serious political pull?
Employees who do crazy things… sure they get normal discipline like reprimands and suspensions – but “Like” the Sheriff’s opponent – you get fired. Hell of a system! And a Federal court judge said it was legal…
I’m sure their lawyers are in the appeals’ process right now.
Curt; in the slipery slope view of this ruling, could this become the basis for employers to use facebook associations as a weapon to excercise control over employees?
if i work for company A and “just happen to be a social network friend of an employee of company B because we were college chums, could my employer terminate me because we just lost a big contract to company B and the “appearence” that i was chummy with “that particular employee” caused company A to loose the contract be enough cause to allow the termination?
it seems to me that “liking” a political rival of your current boss is not a vote or endorsement…but a choice. the deciding factor should be if the employee did it on their bossess computer on company time. that is something that boss can control but
(IMHO)-if i liked my boss’s site AND his oponant, would that not cancel out the appearence that i was not “loyal”? to me a “like” is not a vote and i think that the court erred in its ruling. do you think something like this can be overturned?
RJ
It is a slippery slope. I have to believe the District Court got it wrong… I want to believe the District Court got it wrong.
It is one thing for Pepsi to fire an employee who “likes” Coke… that is a private business and private businesses can hire and fire whoever they choose.
The sheriff in Hampton, VA does not “own” the business… we own the business and he works for us… and he should not be using his position to retaliate against “our” employees. We give people like the sheriff rules to live by – in this case – the Constitution. IMHO he abused his employees and violated their 1st Amendment Rights. There is a huge difference between public employees and private sector employees… Folks like the sheriff should not be allowed to use his position as if he was running a private business… for his own personal/political gain.
thank you for your response because regulating speech really scares me and in a case such as this i hope the fired folkk have some kind of legal recourse
WELLLLL- It just proves big brother is getting into your personal life more and more. What’s next on their list???? Not to mention that sherrif is one sore looser. It also makes me wonder about pulling a car over & thenarrests someone because he sees a political sticker on your car he does not like.