Social Networks Influence Litigation


Prof. Metzmeier brought to my attention an article in the Oct. 15 issue of The National Law Journal ("Litigation Clues Are Found on Facebook," p.1) The impact of social networking is a subject we have discussed for quite some time, but in a different context. We have long been warning students that anything they place on Facebook or MySpace can be accessed by potential employers. When employers find incriminating photographs or descriptions of bad behavior on these sites, they often refuse to hire applicants who they see as unstable or using poor judgment. The article in NLJ describes how postings on these sites have influenced the outcomes of trials. The article says that one father succeeded in securing joint custody because his wife had posted sexually explicit comments on her boyfriend's MySpace page. "In another case, a husband's credibility was questioned because, on his MySpace page, he said he was single and looking." The article recounts enhanced sentences for defendants accused of DUI, because their pages on social sites contained photos of them drinking, or comments about getting drunk after arrest. Many times, people assume there is a cloak of confidentiality surrounding their sites and those of their friends. They don't appreciate the public nature of the sites or understand how the information might be regarded by people who are not within their group of online friends. This article makes it clear that everyone should be aware of the potential consequences of placing personal information on a social network site.


View the ABC News story at