FACEBOOK: DISMISSED AFTER "LIKE" A PAGE

Faced with the rapid development of social networks, national legislation must adapt very quickly to new conceptions of individual freedoms enjoyed by Internet users. While Twitter is central to several court cases that challenge the notion of privacy of Internet users, Facebook is in turn involved in a legal debate in the United States. A "Like" on Facebook agrees there freedom of expression of the user? That was the question debated in Virginia where the American Civil Liberties Union (ACLU) and Facebook challenge a court decision in Newport News. In late 2009, the Sheriff of Hampton had decided to refer certain employees who had supported his opponent on Facebook during the local election campaign. These employees were quickly challenged their dismissal in court, whereas the fact of a message on Facebook Liker could not grounds for dismissal because it was within their right to freedom of expression guaranteed by the U.S. Constitution. But the court of Newport News had rejected their argument, holding that a "Like" was " a poor position , "not enough" supported "to be constitutionally protected. A judgment strongly criticized by the ACLU and who consider Facebook meanwhile approve a message or comment on the social network is like " an election sign "that announces to the other members that "the user submits, or approves welcomes the content of which is well marked "and thus requires the protection of the Constitution. " This is a very important matter , "said counsel for the ACLU Kate Wood. " It is extremely important that the law is adapting to new technologies "and" First Amendment should protect anyone who expresses his opinion, whatever the chosen format , "she added.