Copyright: 1996 - 2024
BSEE - KB3UON
RF Cafe began life in 1996 as "RF Tools" in an AOL screen name web space totaling
2 MB. Its primary purpose was to provide me with ready access to commonly needed
formulas and reference material while performing my work as an RF system and circuit
design engineer. The World Wide Web (Internet) was largely an unknown entity at
the time and bandwidth was a scarce commodity. Dial-up modems blazed along at 14.4 kbps
while typing up your telephone line, and a nice lady's voice announced "You've Got
Mail" when a new message arrived...
All trademarks, copyrights, patents, and other rights of ownership to images
and text used on the RF Cafe website are hereby acknowledged.
My Hobby Website:
Think Before You Click - Facebook's "Like" Button
Reprinted with permission.
You Click - Facebook's "Like" Button
Maggie Tamburro on
What's the value of a word?
Amid the barrage of headlines
concerning Facebook's initial public offering, one seemingly harmless four-letter word has been causing a very
different kind of legal commotion.
The word: Like.
What is it about Facebook's little blue "Like"
button that's so alluring? Why is the "thumbs up" image so irresistible? And why do ramifications over its use
incite such furor in some who yield to their urge to click?
Those questions prompted us to look at two
recent (albeit very different) cases which have placed use of Facebook's "Like" button under the legal microscope.
Both cases underscore the importance of choosing your words – and clicks – carefully.
What's In a
The first case serendipitously settled just days after Facebook's widely publicized initial
According to a May 22, 2012 report released by
Thomson Reuters, Facebook recently agreed to settle a class action lawsuit involving use of the word "Like"
which had been quietly brewing in the U.S. District Court for the Northern District of California. Plaintiffs were
apparently perturbed with the way in which their names, photographs, and likenesses were used when they clicked on
Facebook's "Like" button.
In the case,
Fraley v. Facebook Inc., plaintiffs claimed their clicking the "Like" button resulted in unauthorized,
nonconsensual personal endorsements by plaintiffs of the "Liked" products, services, or goods, without the ability
to "opt out," generating advertising revenue to Facebook.
Contrary to the plain meaning of the word
"like," plaintiffs alleged that a user's click on the Facebook "Like" button doesn't always correlate with
actually having an affinity for something.
A Right to "Like"?
Clicking the "Like" button not only caused some legal headaches
in the Fraley case, but also allegedly caused the firing of a Hampton Sheriff's Office employee in Virginia,
prompting him (and others) to file an action against the Sheriff there last March.
Bland v. B.J.
Roberts, concerned claims that one of the plaintiffs was fired in retaliation for exercising his
constitutionally protected right to freedom of speech when he "Liked" the Facebook page of the Sheriff's election
opponent. In this April 24, 2012 opinion, the U.S. District Court for the Eastern District of Virginia examined
whether "Liking" something on Facebook constitutes constitutionally protected activity.
Memorandum Opinion & Order spelling out its rationale, the court boldly concluded that "Liking" something on
Facebook is not free speech protected under the First Amendment.
The court's decision has some
legal commentators scratching their heads. It's a good bet we haven't seen the end of this decision, with
others like it certain to follow (no pun intended). Many suspect the decision to be headed to appeals court.
The Power of a Four-Letter Word
Given the recent controversies over what "Liking"
something means in the age of Facebook, we decided to do the obvious – we turned to a dictionary for help.
According to the
Miriam-Webster online dictionary,
words related to the verb "like" include:
adore, delight (in), dig, enjoy, fancy, groove (on), love,
relish, revel (in), welcome; covet, crave, desire, die (for), hanker (for or after), wish (for), yearn (for)."
Those are some strong emotional associations tied to one little four-letter word.
Perhaps Mark Twain said
it best, "A powerful agent is the right word … Whenever we come upon one of those intensely right words … the
resulting effect is physical as well as spiritual, and electrically prompt."
In the age of Facebook and
social media, it's wise to know what legal ramifications exist when you "Like" something.
"Like" button and the changing ways in which we choose to communicate our preferences to others has pushed to the
legal forefront fundamental questions regarding free speech, privacy rights, and the right to use another's public
That's quite an impact for one little word.
Knowing that one click can convey such a world
of information certainly causes one to exercise a little more caution before doing so.
Do you think
"Liking" something on Facebook should be protected speech under the First Amendment?
was originally published in
BullsEye, a newsletter
distributed by IMS ExpertServices™. IMS Expert
Services is the
premier expert witness search firm in the legal
industry, focused exclusively on providing custom expert witness searches to attorneys. To read this and other
please visit IMS Expert Services' recent articles. For your next expert witness search, call us at 877-838-8464 or
visit our website.
Posted 6/13 /2012
Other IMS ExpertServices BullsEye and Expert Library Articles on RF Cafe: