As Denise Callahan explains in this report, What you say on Facebook and on other social network sites can be used against you in a court of law: “Whether it’s a divorce proceeding or criminal trial, posts on social networking sites such as Facebook, MySpace, Twitter, and Skype are regularly popping up as evidence in courtrooms locally and across the country.” But why should this be the case? For example, the law protects most communications between a client and his attorney and keeps those communications confidential from all court proceedings. So, arguing by analogy, should the law also recognize a common law “Facebook privilege”?



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