Lawyers are having a tough time arguing in court when emoticon and emojis are involved.
With the ambiguous nature of a martini glass or dancing horse come questions in sexual harassment, defamation and other cases.
As reported by the Wall Street Journal, judges on a Michigan Court of Appeals came to the decision that “:P” was used to “denote a joke or sarcasm and could not be considered defamatory.” Another lawyer’s sexual harassment case in Santa Monica argued that a red-lipstick kiss emoji confirmed that a potential female employee approved of a producer’s sexual advances.
With the endless combinations of emojis and emoticons and their meanings, how are lawyers navigating this new landscape?
Guests:
Gabriella Ziccarelli, technology attorney at Blank Rome LLP in Washington D.C., where she addresses disruptive technologies including emojis and emoticons in court cases