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Bates College Undergraduate Law Review

Bates College Undergraduate Law Review

Abstract

Since their creation in 1999, emojis have evolved from just playful visual expressions to communicative tools that are increasingly appearing in legal disputes. This paper explores emojis as mediums of legal meaning. It examines how U.S. contract law approaches emojis as evidence of assent, threat, conspiracy, and intent, and how established contractual doctrines have adapted to emojis as tools of expressive communication. Though ambiguous, this paper aims to demonstrate that emojis can be interpreted within existing contractual frameworks.

This paper is structured as follows: it situates emojis as a continuation of contract law's historical engagement with nonverbal assent. It will then further examine the concept of “objective theory” in contract law through the cases of Leonard v. PepsiCo, Inc., Embry v. Hargadine, McKittrick Dry Goods Go., and Bed Bath & Beyond Corporation Securities Litigation, before further examining South West Terminal v. Achter Land & Cattle as a central example of how courts apply this theory. It will also draw a comparative analysis of how Israeli courts approach emojis in contract law. Next, it broadens the lens to other legal contexts, showcasing how U.S. courts tackle emojis in criminal and employment law. The following section focuses on considering risks and concerns of emojis being manifestations of contractual agreement, highlighting cultural and technological variability, over-interpretation, concerns of freedom of expression, and more. Finally, it looks ahead, proposing the possibility of a “reasonable emoji user” standard as a way of ensuring judicial consistency and a just legal system. Ultimately, this paper maintains that while emojis are by no means conceptually new, they are technologically novel, fitting squarely within existing doctrine of contract law, yet pose an interpretive challenge for courts.

Creative Commons License

Creative Commons Attribution 4.0 International License
This work is licensed under a Creative Commons Attribution 4.0 International License.

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