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What’s in a “Like”? Precedent-Setting Case Poses New Risk for Employers

Posted: September 26, 2013 | Littler Category: HR - Free Speech Protections

The ubiquitous thumbs-up icon in Facebook has gained new prominence for private employers. In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit held that an employee fired for “liking” the campaign page of his boss’ political adversary engaged in speech protected by the First Amendment of the U.S. Constitution. While this case, Bland v. Roberts, Case No. 12-1671 (4th Cir. Sept. 18, 2013), involved only public sector employees, the Fourth Circuit’s ruling has important implications for private employers as well.

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