THE ADMISSIBILITY OF SOCIAL MEDIA EVIDENCE IN CALIFORNIA STATE COURTS*
By Mark E. Jackson**
In this Digital Age, where technology continues to advance rapidly and reach billions of people around the globe, social media has become a popular form of communication. Through the use of various social media platforms, people can communicate by posting information, sharing photos or videos, sending messages, blogging, microblogging and rating services. Some go as far as revealing the intimate details of their lives, such as personal relationships, political viewpoints or activities of the day.
As a result, social media evidence can play a significant role in determining the outcome of litigation in both the civil and criminal arena. The content of one’s posts can shed light on motive, intent, identity, gang affiliation or any other relevant issue in a case. While Facebook, Twitter, Instagram and LinkedIn are some of the most popular websites, the universe of social media is massive and attorneys should familiarize themselves with the entire landscape.