New Social Media Opinion: No Facebook Fishing Says Judge Zuckerberg

There is a new social media opinion from a New York trial court in Fawcett v. Alteri.

Kids get into a fight at a high school tennis match. (Fight at a tennis match? I don’t know. Let’s just move on.) Defendants sought discovery of plaintiff’s social media accounts that were made private.

The defendant had no reason to believe there was something relevant in plaintiff’s social media account. He was just fishing. The court, as many have, drew the line there, finding that an adversary must show substantive facts that the posted information or pictures are relevant. The court refused, as many courts have, to allow “blanket searches for any kind of information or photos to impeach a person’s character, which may be embarrassing, but are irrelevant to the facts of the case at hand.”

Naturally, we could not have a social media opinion without a long block quote from Mark Zuckerberg although he did not, you know, officially co-author the opinion.

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