We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
COURTS ARE GOING TO "LOVE" THIS: AN ANALYSIS OF THE FACEBOOK "REACTIONS" AS HEARSAY.
- Authors
Johnson, Chandler R.
- Abstract
Social media platforms have given their users the ability to share every facet of their lives with the entire world. The evidence that can be gathered from these platforms is ubiquitous and its value to modern litigation cannot be understated. However, the Federal Rules of Evidence (the Rules) do not explicitly address how to analyze social media evidence. This Note focuses on the various Facebook "Reactions" and how they interact with the nonverbal conduct hearsay doctrine. Specifically, this Note argues that the specific Reactions are more reliable indicators of a user's intent than the default "Like" Reaction. Consequently, a user's choice of a specific Reaction is more likely to qualify as nonverbal conduct hearsay under the Rules, making evidence of such use inadmissible unless an exception applies.
- Subjects
FACEBOOK (Web resource); SOCIAL media; FEDERAL Rules of Evidence (U.S.); ACTIONS &; defenses (Law); DOGMA
- Publication
Houston Law Review, 2023, Vol 60, Issue 4, p961
- ISSN
0018-6694
- Publication type
Article