"The judge's rationale that a like on Facebook is insufficient speech is not right," Volokh said. "The First Amendment protects very brief statements as much as very long ones. It even protects symbolic speech, like burning a flag."
Volokh, like the ACLU, says liking is similar to putting a bumper sticker on a car, so it should be protected. He said he thinks the 4th Circuit will probably overturn the district judge's ruling — but if it does not, it would be a significant moment.
"If the 4th Circuit agrees with the judge — that liking is not protected speech — that would suggest an overturning of precedents," Volokh said. "It would be interesting to see what the Supreme Court would do with that decision."
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Jennifer Jenkins contributed to this report.