Social Media: The Law Simply Stated

It is a challenge to simply state the law about social media, because there is no such thing as “social media law.” Rather, the law bumps up against social media in many ways. In some cases, existing law can be seamlessly applied to new technologies and means of interaction. In other cases, entirely new paradigms will likely need to be adopted to handle new challenges. Many other cases will fall somewhere in between.

Our goal in this Law Simply Stated is to provide some background on the nature of social media themselves, and then to state the basic law in a number of applicable fields. In particular we shall begin with discussion of the definition of “social media,” along with consideration of what we see as an important analytical theme: is this topic a topic? Do the challenges posed by social media have a single solution? Are they matters to which the law can simply adapt, or must new approaches be created? Can the same answer be provided in each context?

Following that we will move to discuss basic principles of law in a variety of areas which are relevant to social media. These are: judicial notice; courtroom management; civil discovery; privacy; admissibility of electronic documents; criminal evidence-gathering; employment law; defamation; and finally, cyber-bullying.