If you’ve never understood the appeal of emoji and just wish those damn kids would get off your lawn, then this isn’t going to be very welcome news. A judge in Israel ruled that emoji can convey intent in ruling for a landlord who claimed he relied to his detriment on a string of emoji. Specifically these emoji:
Well that certainly clears things up.
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While this decision put emoji front and center, it isn’t the first time these latter day hieroglyphics managed to slide into court. Way back in 2015, we were beginning to see American courts dealing, at least tangentially, with emoji:
Several recent arrests and prosecutions have included, at least in part, emoji. At the beginning of the recent Silk Road trial of Ross Ulbricht, US District Judge Katherine Forrest ruled “the jury should note the punctuation and emoticons” in all evidence. (In the trial, attorneys then, quite literally, said “emoticon” when the symbols appeared in chat conversations.) In a case currently pending before the US Supreme Court, Anthony Elonis, a Pennsylvania man who was convicted for using Facebook posts to threaten his ex-wife, has claimed that a threatening post toward her was clearly meant in “jest” because he included a smiley sticking its tongue out.
It’s only a matter of time before an American case fully turns on emoji. Emoji are a mainstay of communication — at least for the foreseeable future. There’s a reason Oxford Dictionary named an emoji the “2015 Word of the Year.” If you’re still resisting these things, you’re missing out on something that actually can impact your clients.
So get out there and start learning what these things are all about. If you want to jump in and try one, text opposing counsel five eggplants. It means, “with the utmost respect.” Trust me.
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UPDATE: For more on this case, check out this article over at the Technology & Marketing Law Blog.
Judge rules emoji are proof of intent [The Next Web]
That You Type Can and Will Be Used Against You in a Court of Law [Wired]
Joe Patrice is an editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.