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DE Supreme Court Eases Social Media Authentication
Social media postings can be submitted as trial evidence as long as the party introducing the evidence can demonstrate to the judge that a jury could reasonably conclude the postings are authentic, the Delaware Supreme Court has ruled. The court's opinion affirmed a Superior Court ruling allowing the introduction of a defendant's Facebook postings detailing a fight that led to an assault conviction. Parker v. State, No. 38, 2013.
Ruling in a case of first impression, the state supreme court held Delaware should adopt the less-stringent Texas approach to authenticating social media evidence instead of the stricter Maryland approach advocated by the defense counsel.
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