March 20, 2018 Articles

Presidential Tweets, Yelp Reviews, "FREE BOOZY," and Admissibility

Social media and the Internet have opened up new worlds of communication—and they have also opened up new worlds of evidence and admissibility issues in the legal context.

By Keith S. Dubanevich

The U.S. Supreme Court recently described cyberspace and social media as the most important places today “for the exchange of views.” In holding that a state statute that prohibited a felon’s access to social media sites was unconstitutional as an unreasonable restraint on First Amendment rights, the Court noted that “[s]even in ten American adults use at least one Internet social networking service . . . [and that] Facebook has 1.79 billion active users, . . . about three times the population of North America.” Packingham v North Carolina, 582 U.S. ___, 137 S. Ct. 1730, 1735 (2017) (citations omitted).

Social media and the Internet have opened up new worlds of communication—and they have also opened up new worlds of evidence and admissibility issues in the legal context.

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