Does Facebook 'Like' Count as Free Speech?

Abstract

The new heights of communication with the advent of internet social networking tools has resulted in unprecedented implications on freedom of expression as a core human right. Among popular social networking instruments, Facebook has proved to be one of the most influential in shaping world communication. This paper intends to explore whether the simple act of clicking the ‘like’ button on Facebook can be held expressive enough to be protected under the First Amendment and to what extent such protection should exist in light of the recent decision by the Virginia District Court in Bland v Roberts. The author argues that mere clicking of the ‘like’ button on facebook amounts to protected speech under the First Amendment based on its technical repercussions on related online activities, already developed First Amendment jurisprudence on symbolic speech and the significant practical implications of Facebook as a mode of communication in the recent world political revolutions.