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?
Gabriella Ziccarelli, technology attorney at Blank Rome LLP in Washington D.C., where she addresses disruptive technologies including emojis and emoticons in court cases