Examples? Because emojis are "free speech" in any use......
Did you read the article? Many examples.
@MojoDave yes, and emojis are still free speech....
Coincidentally I just read that today and was going to post it myself. Thanks for doing it, interesting subject. Having given it some thought, I believe it will be left to the jury to decide what the intent of the emoji was. Which will be no different than any other action or writing or communication that they have to determine the intent of.
Juries usually use circumstantial evidence to make such determinations. What language surrounded the emoji, what actions were taken surrounding the emoji or as a result of them etc.
Judges who just throw out emoji evidence don't know what they're doing, don't understand the significance of using them and I think that would be reversible error on appeal.
I agree!