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Social Media and its Affects in the Courtroom

Posted by: Craig A. Knapp
August 14, 2011
Topic: Social Media

As time goes on, we start to notice just how much impact social media sites like Facebook, Twitter, YouTube, and blogs make. Whether it's another Congressman sending inappropriate photos forcing him out of office or the ability to bring a 15-year-old Canadian kid from normalcy to billion-dollar sensation in less than a year (Justin Bieber), it's undeniable that social media has changed the world. But could it possibly change a courtroom verdict?

Recently, a Maryland personal injury case (Offenback v. L.M. Bowman, Inc., No. 1:10-CV-1789, 2011 WL 2491371 (M.D. Pa. June 22, 2011) took a surprising turn when court personnel reviewed the injured person's social media account records. Upon searching the injury victim's Facebook, the court found a photo of the injured person taking motorcycle trips and riding a mule. That court noted that "limited 'public' information is clearly discoverable under recent case law."

Is a 140-character tweet, 420-character Facebook post, or posted photo an accurate representation to measure a person's injury? Does a social media post really tell us the amount of pain a person was actually in following an accident? We don't think so, and here's why: it's unusual for people to complain and dwell on their injuries publicly. In an effort to overcome or at least ignore the pain, most people will turn to social media to feel better.

Of course, the outcome of social media posts could differ from courtroom to courtroom, but there is something to learn from this. Outside of hackers and stalkers, there is more reason to be mindful when using social media, particularly while in the middle of a legal process. The best advice Knapp & Roberts can give: only post things you wouldn't mind the whole world knowing. If you're not comfortable with someone knowing, be it a work colleague, boss, family member, friend, or courtroom, then the best thing you can do is not post it.


The Knapp & Roberts law firm represents serious injury and wrongful death clients throughout Arizona, including the communities of Phoenix, Scottsdale, Tempe, Chandler, Gilbert, Mesa, Glendale, Peoria, Surprise, Queen Creek, Apache Junction, Goodyear, Tucson, Flagstaff, and Yuma in the Valley of the Sun - Maricopa County, Pinal County, Coconino County, Yuma County, and Gila County.