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Catholic University Law Review

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Anything You Say (Or Like, Repost, And Quote) Can Be Used Against You, Alexandra Heyl Jan 2024

Anything You Say (Or Like, Repost, And Quote) Can Be Used Against You, Alexandra Heyl

Catholic University Law Review

Social media allows users to exchange thoughts and ideas without saying a single word. Whether a user “likes” “reposts” or “quotes” third-party content, a user publicly interacts with content authored by someone else with the click of a button. Is this online activity more akin to a user making a statement, adopting a third-party’s statement, or not making a statement at all? Does it matter? Only certain statements can be used against you at trial. Federal Rule of Evidence (“Federal Rule”) 802(a) provides that “hearsay” is an out-of-court statement offered for the truth of the matter asserted. According to Federal …


The Return Of “Voodoo Information”: A Call To Resist A Heightened Authentication Standard For Evidence Derived From Social Networking Websites, Richard Fox Jan 2012

The Return Of “Voodoo Information”: A Call To Resist A Heightened Authentication Standard For Evidence Derived From Social Networking Websites, Richard Fox

Catholic University Law Review

No abstract provided.