Discovery of Facebook Content in Florida Cases

At least two Florida courts have issued orders permitting the discovery of Facebook content in civil actions (one is here).  This has been the subject of orders, appeals, and articles around the country.

But how exactly do you pursue social media discovery (or, conversely, protect your client from it?).

Discovery of Facebook Content in Florida Cases”  is the first article with specific examples and explanations.  It also may be enlightening for counsel who are not involved in litigation.

The article appears in the Trial Advocate Quarterly Spring 2012 edition, published by the Florida Defense Lawyers Association.  Authors are Christopher Hopkins and Tracy Segal.

1st Amendment
Is a Demand for an Apology = Extortion? (Social Media & First Amendment:U.S. v. Hobgood)

In the song, “Hello,” Adele sings as a jilted lover, calling “a thousand times… to tell you I’m sorry.” It became a hit song in 2015. Contrast that with the facts of U.S. v. Hobgood, out of the Eighth Circuit, where the defendant had a brief romantic relationship with “KB,” …

Privacy
Don’t Let LinkedIn Follow You Around the Internet (and other privacy settings)

Have you checked your LinkedIn privacy settings? Don’t be fooled with a “I barely even used LinkedIn” attitude. Take 2 minutes. From the article below, here are the key steps: [easier if you have two screens, keep this open and then open your LinkedIn account on your second screen] 1. …

Ethics
Florida Supreme Court Allows Judges to be Facebook Friends With Lawyers But Four Justices Disagree With the Practice (“I write to strongly urge judges not to participate in Facebook”)

The Florida Supreme Court resolved a conflict between two intermediate appellate courts when it determined that a judge-lawyer “Facebook friend” relationship, alone, was not enough to warrant recusal of the judge.  The Court deemed its position was the majority position around the country.  However, four justices noted that caution, if …