What’s In A Like?

In the pre-Facebook era, the word "like" was primarily a verb (and an interjection sprinkled throughout valley girls' conversations). Although you could have likes and dislikes in the sense of preferences, you could not give someone a like, claim to own a like or assert legal rights in likes. Today, however, you can do all of these things and more with Facebook likes and similar constructs on other social media platforms, such as followers, fans and connections. This article explores the emerging legal status of likes and similar social media constructs as the issue has arisen in a number of recent cases.

Likes as Protected Speech

One of the early cases to delve into the legal status of likes was Bland v. Roberts, which addressed the issue of whether a Facebook like constitutes protected speech for purposes of the First Amendment. In Bland, five former employees of the Hampton Sheriff's Office brought a lawsuit against Sheriff Roberts, alleging that he violated