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Like It or Not, Online Preferences Are Not Protected Speech

By Jeffrey N. Rosenthal
January 31, 2013

Does the First Amendment protect what you “like” on Facebook? Obviously, Facebook, with its vested interest in shielding all forms of user expression, would argue it does. But now it is not alone in that belief.

Last August, the social media giant teamed up with the American Civil Liberties Union (ACLU) to oppose a Virginia district court's decision that merely clicking the “like” button is insufficient speech to merit constitutional protection.

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