Forman v. Henkin’s Empirical Analysis

Citation profile

3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]his approach can lead to results that are both too broad and too narrow. On the one hand, a plaintiff should not be required to turn over the private section of his or her Facebook profile (which may or may not contain relevant information) merely because the public section undermines the plaintiff's claims. On the other hand, a plaintiff should be required to review the private section and produce any relevant information, regardless of what is reflected in the public section ... Furthermore, this approach shields from discovery the information of Facebook users who do not share any information publicly”

   1 later decision quote this exact passage
   e.g. Forman v. Henkin

2. “Facebook and other similar social networking sites are so popular that it will soon be uncommon to find a ... [person] who does not maintain such an online presence”

   1 later decision quote this exact passage
   e.g. State v. Buhl