By Nicole Black
It seems lawyers can’t escape social media, no matter how hard we try. As I’ve written about previously, social media is now being used as evidence in cases, lawyers are using it to research jurors, and people are being charged with crimes relating to their actions taken using social media. And once those individuals are convicted, many of them are placed on probation and their use of social media is often limited by the terms of their probation.
Of course, that gap in the Court’s analysis is a perfect example of the difficulties courts encounter when attempting to specify, limit, and define ever-changing concepts such as “social media” and “sites.” Because these concepts are constantly evolving, courts would be wise to draft broad, elastic definitions in their decisions that will withstand the test of time, lest their conclusions be rendered outdated as soon as the ink dries.