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As emoticons, and especially emojis, explode in popularity and appear in more of our written communications, they inevitably raise legal questions. For instance, can an emoticon or emoji change the meaning of an email, text message, online chat, or blog post in which it appears? Do emoticons and emojis tell us something about the author’s state of mind? And how should emoticons and emojis be described to juries or displayed in court opinions? These are just a few of the questions courts are grappling with, and while definitive answers remain elusive, the legal landscape is very much under construction.
Read the complete article at Digital Emotions: The Evidentiary Impact of Emoticons and Emojis