Social media content is rarely protected by privacy or privilege when it comes to legal discovery. Yet, objections to social media discovery requests are common—especially when requests are too broad. To succeed, litigants must limit requests to content that is relevant, specific, and defensible in court.
When Social Media Meets Legal E-Discovery
People share vast amounts of personal data on platforms like Facebook, Instagram, and X (formerly Twitter)—from physical activity to emotional state. In personal injury and fraud cases, this content can be a powerful tool for defendants. It’s not uncommon for social media to contradict claims related to physical incapacity, emotional distress, or the severity of an injury.
But while these posts are valuable, they are not automatically accessible. Defendants must demonstrate that their requests are targeted, not fishing expeditions. Courts are more likely to grant access to specific, relevant content than to entire accounts.
Are Social Media Posts Private?
Not really. Courts have consistently held that social media users have a limited expectation of privacy—even with strict privacy settings. That’s because social media is designed for sharing, and others can still access, copy, or distribute content.
This principle was central in Nucci v. Target Corp., 162 So.3d 146 (Fla. 4th DCA 2015). After photos began disappearing from the plaintiff’s Facebook account, the defendant sought full access to her profile. The court found the initial request too broad. However, the court did grant access when the request was narrowed to include only photos from two years prior to the alleged incident through the date of the motion.
The ruling emphasized that users have no reasonable expectation of privacy for images shared on social platforms—even if deleted later.
Best Practices for Responding to Social Media Discovery Objections
The Nucci case offers a key lesson: be specific, not sweeping. When issuing discovery requests for social media:
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Focus on clearly relevant timeframes or events
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Limit the scope to posts, photos, or messages that directly relate to the claim
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Reference legal precedents that reinforce limited privacy expectations
These steps improve your chances of overcoming objections and receiving court approval.
Get the Evidence You Need – Without Overstepping
At SMI Aware, we help legal teams craft defensible, targeted discovery requests that respect legal boundaries while maximizing value. Our expert analysts collect and preserve social media evidence that stands up in court – without overreach or unnecessary risk.
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