Social Media’s Expanding Role in Litigation
Social media has transformed the professional and personal landscape. Today, businesses market on Facebook, Instagram, and LinkedIn, while leaders regularly engage audiences through their personal accounts. This flood of online content has created a vast pool of potentially relevant evidence for litigation. But the rules governing the discoverability of social media evidence vary widely across jurisdictions.
Federal vs. State Court Standards
In federal court, the standard is relatively clear: if social media evidence is relevant, nonprivileged, and proportionate to the needs of the case, it is typically discoverable and admissible.
In state courts, however, the rules can be more nuanced and restrictive. For example, New York State courts generally permit discovery of social media evidence only when the information is publicly available on an individual’s account. But the line between public and private content isn’t always clear—and that’s where complications arise.
Accessing Private Social Media Content
When it comes to private or nonpublic social media content, courts often require that public posts conflict with or contradict an individual’s claims before allowing deeper access. A key case, Forman v. Henkin, clarified that private social media materials can be discoverable if they are material and necessary to the claim—not just because they are private.
The court of appeals also outlined key criteria:
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Consider the nature of the underlying event and related posts.
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Weigh the relevance of the evidence against the user’s privacy interests.
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Set clear guidelines for the type of discoverable content tied to the incident or injuries.
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Limit disclosure of embarrassing or sensitive information not central to the case.
Defensible, Compliant Social Media Discovery
At SMI Aware, we combine proprietary technology with expert human analysis to identify and preserve social media evidence efficiently, ethically, and defensibly. Our accredited analysts deliver curated, court-ready reports that help legal teams navigate even the most complex discovery challenges.
With over two-thirds of adults active on social media, the evidence you need may already be out there—if you know how to find and handle it properly. The discoverability of social media evidence is easy with a partner like SMI Aware.
Let’s talk about how we can support your next e-discovery project.
