Do you think about your First Amendment rights when you click on the “Like” button on Facebook? Whether you do or not, that blue thumbs-up logo is apparently not protected free speech constitutionally. This was the decision made by a Virginia District court judge, who made this a decision in federal court.

The case involved the firing of six employees by a local sheriff for being involved in actions that “hindered the harmony and efficiency of the office.” According to the New York Times, one of the fired employees had apparently clicked the “Like” button on the sheriff’s political opponent’s Facebook page.

While on the surface it may sound like a firing offense; this can only be the case if the “Like” button is counted as part of free speech. Virginia public employees are however entitled to free speech on political matters, even if it means speaking out in support of their boss’s opponent.

According to Judge Jackson however, clicking a button is not the same as expressing yourself verbally; it cannot be regarded as free speech.

“Simply liking a Facebook (News - Alert) page is insufficient,” the Judge wrote. “It is not the kind of substantive statement that previously warranted constitutional protection.” He added that it would be improper for the Court to assume a specific statement was made by the plaintiff without evidence.

Some legal analysts, including Professor Eugene Volokh, had issues with this statement. According to Mr. Volokh, “Conveying a message to others may just involve a mouse click.” According to analysts, the “Like” button is simply a non-verbal way of expressing that something pleases you. It is simply pressing a “Like” option without having to write anything down.

With an appeal to the ruling likely coming up, the Supreme Court could also be expected to give meaning to the “Like” button. Until then, the question remains: Is a “Like” button protected speech, and should you be fired for pressing it?