Social Media in Divorce and Family Law: A Trap for the Unwary
Harriet Newman Cohen and Amanda Laird Creegan of Cohen Rabin Stine Schumann write: Along with the blessings of the Internet have come the pitfalls. Private lives have been exposed and damaged. Persons have been subjected to cyberbullying. As matrimonial attorneys, we need not only to be aware of the joys, but also of the pitfalls of social media.
August 01, 2017 at 12:00 AM
15 minute read
We live in the information explosion and “social media” age in which websites and applications enable users to share information and network with other users. Despite life altering social media blunders, people continue to use social media with abandon, to document and share all aspects of their life—the good and the bad.
Along with the blessings of the Internet have come the pitfalls. Private lives have been exposed and damaged. Persons have been subjected to cyberbullying.
As matrimonial attorneys, we need not only to be aware of the joys, but also of the pitfalls of social media. They are so perilous that it is essential to add a cautionary discussion on the topic of social media use to the matrimonial lawyer's intake checklist. “Have you hit the 'post' button recklessly or in anger?” “Are you aware of the unintended consequences that may ensue if you can't restrain yourself from doing so in the future?” “Do you agree to refrain from problematic posts?” And finally, the reminder, “Don't post or tweet anything that you wouldn't want published on the front page of the New York Times.” Imagine the shock and distress when the 10 high school students who posted sexually and racially charged provocative social media posts found their acceptances to Harvard rescinded. Hannah Natanson, “Harvard Rescinds Acceptances for At Least Ten Students for Obscene Memes,” The Harvard Crimson (June 5, 2017). Anthony Weiner's “private” message showing a lewd photograph of himself that inadvertently went to the public on Twitter led to his political demise and the demise of his marriage. Bianca Bosker, “The Twitter Typo That Exposed Anthony Weiner,” Huffpost (June 7, 2011).
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