Abstract

http://ssrn.com/abstract=2256936
 


 



An Analysis of Facebook 'Likes' and Other Nonverbal Internet Communication Under the Federal Rules of Evidence


Molly D. McPartland


University of Iowa - College of Law

April 26, 2013

Iowa Law Review, Forthcoming

Abstract:     
Social Media is an important part of our lives. New ways to communicate using social media are constantly emerging, and the influence of social media on our culture and in our courtrooms is bound to increase. Aside from the Virginia District Court's blunder in Bland v. Roberts — holding that a Facebook ‘like’ is not protected by the First Amendment — courts have yet to deal with nonverbal social media content such as Facebook 'likes.' This Note explains why courts should apply the existing Federal Rules of Evidence excluding hearsay and allowing adoptive admissions to Facebook 'likes' and other nonverbal social media content. This Note argues against reforming the Federal Rules as parties increasingly use nonverbal social media content in the courtroom.

Number of Pages in PDF File: 26

Keywords: evidence, hearsay, nonverbal, adoptive admission, tacit, Facebook, like, Bland v. Roberts, social media

JEL Classification: K41

Accepted Paper Series


Download This Paper

Date posted: April 28, 2013 ; Last revised: February 4, 2014

Suggested Citation

McPartland, Molly D., An Analysis of Facebook 'Likes' and Other Nonverbal Internet Communication Under the Federal Rules of Evidence (April 26, 2013). Iowa Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2256936

Contact Information

Molly D. McPartland (Contact Author)
University of Iowa - College of Law ( email )
Melrose and Byington
Iowa City, IA 52242
United States
Feedback to SSRN


Paper statistics
Abstract Views: 337
Downloads: 90
Download Rank: 168,483

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.391 seconds