Judges and Social Media: Disclosure as Disinfectant
SMU Science & Technology Law Review, 2014
21 Pages Posted: 27 Feb 2015
Date Written: October 29, 2014
This Article, which was presented at the Social Media Law Symposium sponsored by the SMU Science & Technology Law Review, expands on the tentative thoughts that I previously offered on judges’ obligation to disclose social media connections. In this Article, I argue in favor of a bright line rule that judges should disclose all social media connections with lawyers, litigants and witnesses. Such a broad disclosure regime would serve two primary purposes. First, a broad disclosure rule would best serve the primary policy behind disclosure: maintaining the litigants’ and the public’s confidence in the judiciary. Second, this bright line rule would provide much needed clarity to judges who have been asking for guidance about how to use social media ethically.
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