Congress shall make no law that prohibits Facebook “likes?”

If you didn’t know this already, Facebook is no stranger to the courts.

Back in 2009, a Hampton, VA sheriff named B.J. Roberts was up for re-election. As the story goes, six of his workers liked his opposing candidate’s Facebook Page during his campaign, and shortly thereafter the same six employees were not reappointed to their positions.

When they promptly sued Roberts, claiming that he was infringing upon their rights, the U.S. District Court in Newport News was faced with a dire question. Are Facebook “likes” protected under the First Amendment? In April 2012, a federal judge reviewed and dismissed the case, reasoning that “likes” must first be considered free speech before protection is warranted.

Both Facebook and the American Civil Liberties Union reacted, resulting in the decision being appealed. Now, the entire case is awaiting further review, and the whole world has put in its own two cents on the matter. I am no exception.

To me, social media is an example of freedom of expression, which often includes opinion. When we choose to like one brand over another on Facebook or—in the case of Roberts—one political candidate over another, it is just that. Our choice.

Unless our decision endangers the public in some shape or form, it should not be restricted. However, just like any channel that amplifies expression, it should be monitored for public safety.