The Impact of Social Media on Civil Litigation
Social media has become an everyday part of life, but during a civil lawsuit, what you post online could carry unexpected legal consequences. Courts in Washington State and across the country are using social media as a valuable source of evidence, and it’s changing how cases are argued—and won.
Social Media as Evidence Photos, posts, comments, and messages on platforms like Facebook, Instagram, and Twitter can all be used in court. Even if your content is set to “private,” it may still be accessible during the discovery process. Courts may compel you to turn over social media content that’s relevant to the lawsuit. For example, a picture showing physical activity could contradict an injury claim, or a post expressing frustration might be used in a defamation or custody dispute.
Once litigation starts, deleting any content—no matter how minor it seems—can be interpreted as destroying evidence. That can damage your case or even lead to court sanctions. Instead, the best approach is to preserve your online history and avoid posting anything new that could be misinterpreted or used against you.
How Perception Impacts Your Case What you say online doesn’t just matter to opposing counsel—it can also influence how judges and juries view you. Negative or aggressive social media behavior, even unrelated to the case, can affect how trustworthy or sympathetic you seem. Even if your case settles outside of court, your digital presence can influence the strength of your negotiating position.
Protecting Yourself During Litigation If you’re involved in a lawsuit, consider pausing your social media activity until it’s resolved. Avoid posting about your case, venting frustrations, or commenting on the legal process. Even well-meaning posts can be taken out of context. It’s also important not to delete anything without first speaking with your attorney. Instead of taking matters into your own hands, consult your legal team to help manage your online footprint safely and strategically.
Social media has the power to support—or sabotage—your civil case. At the Law Office of Erin Bradley McAleer, we understand how the digital world intersects with the courtroom. We help clients navigate litigation with care, including managing their online presence to avoid missteps. If you’re facing a legal dispute, we’re here to help you handle it with confidence, both online and off.