The development of social media such as Facebook and Twitter has caused many changes and challenges in the legal system. (Rebecca Keay / The Daily Campus)

The development of technology and the constant need of the world to stay connected though social media has had both positive and negative effects.

The law has struggled with the ever-changing trends of social media. Judges, law enforcement officials and lawyers have been faced with new challenges while trying to adapt to the public nature of outlets such as Facebook and Twitter.

John G. Browning, an adjunct professor at the SMU Dedman School of Law and a lawyer at Lewis, Brisbois, Bisgaard & Smith in Dallas is doing what he can to help the law keep up the pace with technology.

“I’ve been a trial lawyer for 23 years and we didn’t have Facebook and Twitter. In the ‘good ol’ days, I’d use a surveillance tape to prove that someone was exaggerating his claims and now I don’t have to worry about that because with social media and with people living their lives online, I’ve found a handy resource,” Browning said.

Browning wrote his first book, “The Lawyer’s Guide to Social Networking: Understanding Social Media’s Impact on the Law” in 2010, and now he is in the process of writing a case book for law students and a social media practice guide for lawyers, due to the constant changing of social media.

Browning began teaching at SMU Dedman School of Law in January 2011.

His class observes how social media affects all subject areas on law, whether it be in family law, employment law, or criminal law, in addition to how it is affecting legal procedure.

One of the biggest areas social media is affecting law is jurisdiction, or where cases can be tried.

“If someone tweets in Miami defaming someone in Dallas, can Texas courts try them? That’s one of the biggest questions we’ve been looking at,” Browning said.

According to Browning, the courts are split.

“Some courts say if your online activity is of such a nature that it is targeted to someone in another state you can be subject to jurisdiction, while other courts say if all you have is a Facebook presence, that isn’t enough,” Browning said.

Social media has also impacted the First Amendment. One of the most pressing problems is whether the First Amendment protects tweets or Facebook posts.

“It’s expressive conduct that is a way people express speech now,” Daxton Stewart said. Stewart is a professor at TCU’s Schieffer School of Journalism and editor of the book “Social Media and the Law: A Guidebook for Communication Students and Professionals.”

“It creates a new kind of communication that is friendly and easy, but many people may not realize the amplification this new form of communication may have,” Stewart said.

However, some users tend to forget that while this type of communication is much less formal, it is also public.

“On Twitter you have very public conversations that can be retweeted, amplified and it becomes public and embarrassing,” Stewart said.

Many are wondering whether the courts will be able to keep up with the ever-growing and ever-changing social media tools.

“The courts have the Electronic Communications Privacy Act, but that was in 1986. And the courts have changed since then, social media wasn’t even a glimmer in Mark Zuckerberg’s eye,” Browning said.

Since then, courts and lawyers have begun the process of adapting to these new tools. Courts have started allowing smart phones inside of trials, so that reporters can tweet and be a part of the moment-by-moment updates.

While many lawyers and judges are beginning to experiment with these tools, they are not as familiar as they would like to be, which may have negative consequences.

Browning provided an example of a recent case from New York involving Chase Bank.

When a defendant was avoiding being served, the lawyers asked the federal judge for permission to serve the defendant via Facebook.

The judge denied this, saying he wasn’t aware of any jurisdictions permitting such a practice, when in fact six different countries and several states including Texas do so.

“Ignorance, even for a judge, is not going to be an excuse,” Browning said.

Social media isn’t just affecting the courts, but criminals as well.

“I am constantly amazed at people who have been busted by their own Facebook posts. People constantly brag about their criminal conduct,” Browning said.

There have been several recent cases where criminals have posted criminal activity only to be caught a little while later. One man in Georgia was identified and arrested after he logged into Facebook from a house he was attempting to burglarize.

For the generation that has grown up alongside social media and seems to be able to quickly adapt to the constant changing there is almost a sense of arrogance.

“Some statistics show that well over 90 percent of employers are looking at job applicants’ social media presence,” Browning said.

Browning stresses that the problem is not just with teens, but young professionals. He listed numerous examples of lawyers, doctors and nurses posting confidential patient information and later being fired.

While employers are surely looking at Facebook, Twitter, and LinkedIn, that’s not to say the profiles should be deleted or made to be completely professional.

“Employers like to see that you have a social media presence,” Browning said.

“It’s not just a way to rule out [potential employees] because of negative material. They use it to see a more complete picture of who you are and if you will fit in.”

Browning recommends to anyone applying for a job to make sure their social media projects the image they will be most pleased with.

“Share things about yourself, your hobbies and interests and something that humanizes you,” Browning said.

“There is a delicate balance. The way social tools work is that they break down barriers and make things more casual,” Stewart said.

And while privacy settings exist, they can be easily overridden with a court document, if needed.

Browning teaches his class once a week, part-time, while working at his law firm.

His class and research has been a call for law schools to reform their practices.

As young professionals become expected to perfect these skills for real world practice, it is important that they are emphasized within the classroom.

Browning has even spoken with professors at other law schools and other professors at SMU about integrating social media into their curriculum, even beyond the graduate schools.

“This isn’t just something to talk about at a grad level, we need an introduction at an undergraduate level regardless of where your degree takes you,” Browning said.

For everyone with a social media presence, Browning stresses that it is most important to have an awareness of what is being posted on your page.

“Social media is a wonderful tool, but not without risks,” Browning said.

“The law is still there and still applies to social media tools. You can still be charged with libel on Twitter,” Stewart said.

In addition to libel, copyright and privacy laws can still be violated by social media tools. With this in mind, Stewart has some advice for all users.

“Read your terms of service,” he said. “Read what you’ve given up to do that. Those terms are a binding agreement and it doesn’t matter if you don’t understand them or didn’t read them, you are bound by it.”