The social network has come up in free speech debates before and courts have found that Facebook posts are indeed protected speech, but Jackson argues that Facebook posts contain an actual statement, whereas simple “likes” do not. The ACLU has criticized the ruling, saying that “just because the Internet and social media tools are new, that does not mean they should be treated differently from more traditional forms of communication.”
The thing that I find the most absurd about Roberts’s ruling is his comment about Facebook posts being more legitimate for containing actual statements. So clicking “like” isn’t protected speech while posting “I like this,” which is for all intents and purposes the same thing, does fall under the protection of the first amendment?
via The Verge