An Analysis of Facebook Likes and Other Nonverbal Internet Communication Under the Federal Rules of Evidence. Results HomeFolderPreferences 5 of 3,765 Previous Record Next Record An Analysis of Facebook Likes and Other Nonverbal Internet Communication Under the Federal Rules of Evidence. Add to folder E-mail Detail Record Authors: McPartland, Molly D. Source: Iowa Law Review . Nov2013, Vol. 99 Issue 1, p445-470. 26p. Document Type: Article Subject Terms: * NONVERBAL communication * SOCIAL media -- Law & legislation * EVIDENCE, Hearsay Company/Entity: TWITTER Inc. Reviews & Products: FACEBOOK (Web resource) FEDERAL Rules of Evidence (U.S.) Abstract: Social media is an important part of our lives. The social media users ability to share his or her feelings and thoughts has moved beyond the written word and now includes pictures, music, and multiple other forms of nonverbal content-sharing. As the day-to-day influence of nonverbal content-sharing through social media increases, so too will--by necessity--the attempt to use these forms of communication as evidence in the courtroom. Aside from the Fourth Circuits holding in Bland v. Roberts--that a Facebook like is protected by the First Amendment-- courts have yet to deal with nonverbal social media content including Facebook likes or Twitter favorites. This Note explains why courts should apply the Federal Rules of Evidence excluding hearsay and allowing adoptive admissions to Facebook likes and other nonverbal social media content, including similar forms of communication yet to be invented. This Note argues that likes should not be viewed as creating new, independent statements, but should instead be viewed as nonverbal adoptions of preexisting statements similar to unprompted head nods. However, this Note illustrates that even if likes are viewed as independent statements, likes will often constitute hearsay. Furthermore, this Note advocates that likes -- if viewed properly as manifestations of agreement with preexisting statements--allow otherwise inadmissible hearsay statements to qualify for the adoptive admissions hearsay exemption. Likes can be analyzed under the existing Federal Rules of Evidence and no reform to the Federal Rules is needed as parties increasingly use nonverbal social media content in the courtroom. [ABSTRACT FROM AUTHOR] Copyright of Iowa Law Review is the property of University of Iowa, College of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holders express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.) ISSN: 0021-0552 Accession Number: 91947020 Notes: This title is not held locally View: Mobile Site Full Site LegalHelp
Posted on: Tue, 18 Mar 2014 07:31:56 +0000
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