Free Speech and Facebook

Lynchburg, VA - Facebook lets us post pictures, talk to friends and even make political statements. But are your social media actions protected free speech? Virginia courts are trying to figure that out.

The plaintiffs say what they did on Facebook is free speech, but it cost them their jobs.

Plaintiffsused the "like" button on Facebook to endorse a candidate for Sheriff in Hampton, Virginia. Here's the issue: The employees worked in the sheriff's office, and they "liked" their boss's challenger.

Do you think their "likes" are protected speech? We asked two Lynchburg lawyers.

Social media changed the way we communicate. Attorney John Falcone says the courts are entering new territory here.

"This is an evolving area of the law. Judges, lawyers and really everybody are really struggling with how it's going to develop," said Falcone.

For the first time, one person can type their thoughts to hundreds or thousands at one time. But are those thoughts protected by freedom of speech? It's not black and white. Your tweet or Facebook protection depends on who you are, what you post, and where you work - among other things.

"The 1st Amendment limits the action of government, of a public employer. The 1st Amendment doesn't limit the action of private employers," saidFred Watson, a civil attorney.

With that freedom comes pain. Some have gotten hurt on Facebook.

"There's so much drama on Facebook and everything. There's a lot of slander going on on Facebook," said Anthony May.

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Free Speech and Facebook