Social networks like Facebook, Instagram, LinkedIn, and Twitter allow users to forge valuable digital connections and serve as convenient outlets for sharing family photos, special events and other information. However, active participation on social media can also be damaging in certain situations, particularly when you are in the middle of a divorce or any civil or criminal case. (Negative posts can even affect your chances of getting into college.) Here are three ways that social media activity can negatively affect your legal proceedings:
1. Social media activity (including pictures, status updates and tweets), as well as emails, text messages and other digital communications, might be admissible as evidence. You should not share any information that you do not want read by a judge. For example, if information that you have shared digitally contradicts information that you have shared in person or on a legal document, you could be in serious trouble. Just remember that what you share on social media becomes public–and permanent.
- For example, in 2012, a New York court was prosecuting an Occupy Wall Street protester. The government subpoenaed the protester’s Tweets, and the court held that these records were not protected by the Fourth Amendment.
2. Even if you delete a Facebook post or maintain a private profile that does not solve the public or permanency problems. A Facebook “friend” is not necessarily an ally. He or she might allow others to view your account. Moreover, there are ways of retrieving information that has been “deleted.” When in doubt, do not post the information in the first place, especially if you are currently (or likely to be) involved in a legal proceeding.
- Moreover, there are situations where the federal government may compel social media companies to produce social media evidence without a warrant. The Stored Communications Act provides different levels of privacy protection based on how long the content has been in electronic storage.
3. If you complain about your children on Facebook, such information can be used against you during a custody battle. If you post pictures of a recent vacation, it might contradict your argument that you cannot afford to pay a certain amount of child support or spousal maintenance. Similarly, pictures of property or consumer goods (such as homes, cars and entertainment centers) can create a false impression regarding your financial situation. If you argue that you and your spouse were separated on a specific date, pictures of you two together would complicate that argument. Do not try to present a different persona in court than you present on social media. Better yet, take a step back from social media so you do not risk posting contradictory information.
- Posting pictures or information of illegal–or even immoral–behavior is never a good idea. For example, photos of underage drinking or illegal drug use can land you in serious trouble with the law, your family and, if you are a student, in school.
The moral of the story is to use common sense. If you are going through a divorce, custody battle or any legal proceeding, take a break from social media. Anything you post can–and likely will–be used against you. If you have a question about how social media activity is affecting your case, what information is admissible as evidence, or anything related to your legal proceeding, contact one of our Schaumburg criminal law attorneys or family law attorneys today. Glasgow & Olsson can assist those in Chicago and the surrounding area.