Kendall Coffey on Internet and the Law

Flickr CC via Catspyjamasnz

A Federal appeals court ruled this week that a "Like" on Facebook is protected by the First Amendment.  After a group of employees were fired for supporting their boss' political opponent on Facebook, one of them filed suit. The first court ruled that a like action on social media was not sufficient enough to be considered free speech.

However, an appeals court overturned it.  First amendment freedoms online have been debated since their inception, and as more users participate in social media and Facebook becomes a more powerful company, it seems that the first amendment will rule in Internet user favor.  The case was brought forth originally in 2009, and the Internet landscape has changed significantly in the last four years.

When in comes to threats of violence, posts are also being taken more seriously.  Earlier this year a new law in Florida began allowing prosecutors to charge people for making threats online.  Judges in Florida determined that Facebook’s purpose is a form of communication and should be treated the same as verbal threats or notes.  In the case in Florida, the threat was not directly sent, which is why the defense protested.

Kendall Coffey has written about the use of social media in his book, Spinning the Law.  He calls internet interactions and misinformation “e-contamination” and can often make for sticky legal situations.  Everything from juror information spilling to online bullying has created a gray area for courts.  Sometimes online interference causes a case to be lost, but it is still far from definitive.