Facebook "Likes" Not Protected Speech?

ArsTechnica has a great summary of the case of Bland v. Roberts, which has ruled that Facebook "Likes" are not protected speech under the 1st Amendment.  The case was decided in the Eastern District Court of Virginia, so it could be appealed a couple of times before hitting the Supreme Court...  There have been lots of other cases where something didn't have to actually constitute speech to be protected under the 1st Amendment, so it isn't clear if this case would stand if appealed.