On May 16, the Fourth Circuit heard Bland v Roberts, 12-1671. The issue is whether the Sheriff of Hampton, Virginia, improperly fired a deputy because the deputy “liked” the sheriff’s opponent in the 2009 election. The U.S. Supreme Court in the past ruled that government employees cannot be fired because of their political statements. However, when the fired deputy sued, the U.S. District Court ruled that when the deputy “liked” the sheriff’s opponent on Facebook, that was not a political statement.

The U.S. District Court decision says, “It is the Court’s conclusion that merely ‘liking’ a Facebook page is insufficient speech to merit constitutional protection.” The candidate then appealed, and Facebook intervened in the case and was permitted to participate in the oral argument, to argue that the U.S. District Court was wrong. Here is an article published before the hearing was held. The U.S. District Court decision was handed down on April 24, 2012, and is eastern district 4:llcv45. UPDATE: Here is a story about the hearing. The three judges were William B. Traxler, Stephanie Thacker, and Ellen Hollander. Thanks to HowAppealing for both links.