Should the Courts More Frequently Use Public Opinion Polls in Defamation Cases?

A press release from the National Communications Association on my article that has just been published in the journal First Amendment Studies:

Internet Archive Captures Admissible as Evidence, Court Holds

A federal judge in Kansas has held that images from web pages captured by the Internet Archive are admissible as evidence in a trademark infringement case.

FYI: Social Media Can and Will Be Used Against You

Thanks to the ubiquity of cop shows on TV, we all know the prototypical Miranda warning (named after Miranda v. Arizona, which required the recitation): "You have the right to remain silent. If you give up that right, anything you say may be used against you in a court of law."

Perhaps social media should contain the same warning. Because, according to a survey by lawyers.com (h/t to my colleague Eric Goldman), a majority of social media users in the U.S. do not know that their posts, tweets, check-ins, and other social media material can be used as evidence in court.