4th Cir: Liking on Facebook Is Protected First Amendment Activity

facebook likeSome of you may recall a case from Virginia in August of last year concerning whether, in a public sector First Amendment case involving political activities, liking someone or something on Facebook counted as protected First Amendment speech.  I said it most certainly did in the ABA Journal at the time, even though the district judge said it certainly did not.

Yesterday, the Fourth Circuit made the world right again by finding that liking a candidate’s campaign page on Facebook was in fact protected First Amendment speech.

Here is the link to the 4th Circuit’s decision (2-1) in Bland v. Roberts.  And here is the pertinent language from the Court’s opinion:

On the most basic level, clicking on the “like” button literally causes to be published the statement that the User “likes” something, which is itself a substantive statement. In the context of a political campaign’s Facebook page, the meaning that the user approves of the candidacy whose page is being liked is unmistakable. That a user may use a single mouse click to produce that message that he likes the page instead of typing the same message with several individual key strokes is of no constitutional significance.

Bill Herbert has written on these First Amendment issues involving social networking by public employees in Can’t Escape from the Memory:  Social Media and Public Sector Labor Law.  The article has now been published in North Kentucky Law Review as part of the  Law + Informatics Symposium on Labor and Employment Issues.  A shout out to Jon Garon, Director of the Law + Informatics Institute at NKU, for organizing this very worthwhile event.

Continue Reading4th Cir: Liking on Facebook Is Protected First Amendment Activity

Toddlers, Tiaras and the Law

“On any given weekend, on stages across the country, little girls and boys parade around wearing makeup, false eyelashes, spray tans and fake hair to be judged on their beauty, personality and costumes. … From hair and nail appointments, to finishing touches on gowns and suits, to numerous coaching sessions or rehearsals, each child preps for their performance. But once at the pageant, it’s all up to the judges and drama ensues when every parent wants to prove that their child is beautiful.” (“About Toddlers & Tiaras”, The Learning Channel).

If the parent’s quest to prove her child’s superior beauty is, indeed, the point of beauty pageants, French parents may soon need to find alternative ways of doing so. The New York Times reports that the French upper house this week passed a women’s rights bill that includes a ban on beauty pageants for children under the age of 16; the measure now goes to the lower house for discussion.

Continue ReadingToddlers, Tiaras and the Law

EPA’s New Carbon Rules: How to Form a Future Compromise

kernenergieThe Environmental Protection Agency (EPA) recently announced it will unveil carbon emissions standards for all newly built power plants in the United States.  The New York Times reported the new standards will allow natural gas power plants to emit up to 1,000 pounds of carbon dioxide per megawatt hour, and new coal powered plants may admit up to 1,400 pounds of carbon dioxide per megawatt hour.  As the article notes, natural gas power generators will easily meet the new standard.  However, many coal producers fear the 1,400 pound standard will all but kill the construction of future coal power plants, as the technology necessary to “scrub” the emissions to this lower level require new technologies and equipment which renders coal powered plants economically unviable.

While this EPA standard continues the fight between the Obama administration and environmentalists on one side, and conservatives (generally, although in many coal producing states the democratic representatives also disfavor the new EPA regulations for local economic reasons) and the power industry on the other, what is lost in this fight is any real attempt to find common ground on other power sources that work, without massive cost to the environment or the economy: nuclear power.  Quite simply, the Obama administration and the conservatives could both score economic and political points if they adopt an albeit radical idea domestically: trading nuclear bombs for nuclear energy.

Continue ReadingEPA’s New Carbon Rules: How to Form a Future Compromise