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by Okechi C. Ogbuokiri
Porzio, Bromberg & Newman P.C. - Morristown Office

May 23, 2014

Previously published on April 2014

Courts have addressed the discoverability of social media posts; however, the new trending issue is the admissibility of such posts, specifically regarding their authenticity. Recently the Supreme Court of Delaware issued an opinion regarding the authenticity of social media posts. In Parker v. State of Delaware, 85 A.3d 682 (2014), the Court held that social media posts that were purported to be authored by the defendant-appellant were appropriately authenticated by circumstantial evidence. Although this is a criminal case, it discusses two different approaches for authenticating social media posts, which can either be beneficial or detrimental to employers who seek to use such evidence in litigation.


The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

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