This week the Honorable Stephen Hansbury, P.J. Ch. published a Superior Court opinion that demonstrates how technology and social media is changing the legal landscape and creating new challenges and solutions. In the published opinion in KA v. JL, in which Judge Hansbury addressed a cause of action that occurred based on a defendant’s use of social media, whether a New Jersey court can obtain personal jurisdiction over an out of state litigant over his use of social media, and whether pleadings may be served via social media. Continue reading ›
Articles Tagged with social media
Domestic Violence Updated: Cyber Crimes and Other Proposed Changes
In February, 2015, Chief Justice Rabner convened a Supreme Court Ad Hoc Committee on Domestic Violence. Whether given that 24 years had passed since the “Prevention of Domestic Violence Act,” (N.J.S.A. 2C:25-17 et. seq.) was enacted, or perhaps even in response to the public backlash and uproar over the handling of the Ray Rice situation and its spotlight directed upon domestic violence laws, the Committee was charged with examining the current system and to conduct an in-depth review of New Jersey’s domestic violence procedures and laws and to make recommendations to strengthen New Jersey’s response to domestic violence. That Committee recently issued a report which contained thirty (30) recommendations. Continue reading ›
Use of Social Media in Court: An Ethical and Jurisdictional Dilemma
Approximately one year ago, my colleague wrote a blog post raising awareness and spreading concern about how the communications and content found on one’s social media could potentially be used against them in a variety of ways in Court. It is no big surprise that with the explosion of social media and the countless ways individuals can communicate in an ever evolving world of technology that those communications are being monitored for potential use in litigation. Continue reading ›
Freedom of Speech and Family Law
The First Amendment of the United States Constitution guarantees certain freedoms, including the “freedom of speech”. Treatises have been written and a multitude of cases have been decided addressing what types of speech or expression are encompassed thereby, and the nature and scope of governmental or private action is subjected to it. This blog not intending to provide a detailed analysis of this First Amendment right. Continue reading ›
Social Media in the Law: What You Say (or Post) Can Be Used Against You
With the proliferation of ways to communicate via social media, such as Facebook, Twitter, Instagram, Youtube and blogging sites, it has become more common in legal settings for such postings to be used as evidence in court. Mainstream media outlets have been reporting recently about an unpublished May, 2014 Appellate Division decision in the matter of State v. H.L.M., which addressed the extent to which a court’s limit on the subject matter of a litigant’s online blogging was an infringement on her Constitutional Right to free speech. Continue reading ›