The humble emoji has much to tell us about the legal system and the technologies it has come to rely on.
in which a corrections officer, Paula Emerson, sued the county alleging workplace discrimination. While the suit was pending, Emerson made some extremely unwise posts in a Facebook group for employees. She was sanctioned by the lower court, and on appeal, the Seventh Circuit decided to excerpt the Facebook post:
That said, it’s not like the legal system is lousy with poop emoji. “It’s not in the top ten [emoji], I can say that with some confidence,” said Eric Goldman, professor of law at Santa Clara University who has publishedThe poop emoji has definitely come up in court, long before Twitter’s lawyers screencapped Musk’s tweetEmerson v. Dart
Emoji can often have ambiguous meanings, ranging from literal to metaphorical to sarcastic. The poop emoji is a little more on the straightforward side, but there are nevertheless many different ways to interpret it, depending on the context. In its Delaware lawsuit, Twitter pointed to Musk’s poop emoji as an instance in which he had violated the purchase agreement’s non-disparagement clause.
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