Social Networking and Freedom of Speech: Not Like Old Times

In Bland v. Roberts, the United States District Court for the Eastern District of Virginia was presented with the issue of whether “liking” a page on Facebook is speech protectable by the First Amendment. This Note argues that the court’s holding, that “liking” something on Facebook is not worthy of First Amendment protection, is a disturbing result that endangers one of our most fundamental rights guaranteed by the Constitution. In Part II, this Note analyzes the facts and holding of Bland v. Roberts. Next, in Part III, this Note describes in detail how Facebook operates and explains the legal background of the first amendment and its interaction with online communication. Part IV examines the court’s rationale in Bland v. Roberts. Lastly, Part V explains the flaws in the court’s reasoning and provides suggestions to courts facing similar controversies in the future