The Economics of Everyday Things EXTRA: Emoji and the Law
Sep 4, 2025
Eric Goldman, a tech law scholar at Santa Clara University, dives into the fascinating intersection of emojis and legal enforcement. He discusses how courts are beginning to recognize emojis as viable forms of communication, even as contract agreements. The conversation covers notable cases where emojis influenced verdicts in trials, workplace harassment claims, and potential misunderstandings in legal contexts. Goldman highlights the 'thumbs-up' emoji's significant impact on contract law, illustrating how modern communication is reshaping legal interpretations.
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Trademark Threat From EmojiCo
- EmojiCo has trademarked the word "emoji" across thousands of product categories and sues merchants who use the word.
- They file mass lawsuits and obtain temporary restraining orders that freeze sellers' Amazon accounts and cash, pressuring settlements.
Emoji Evidence Has Become Routine
- Eric Goldman tracks over a thousand U.S. cases that mention emoji and sees their use explode in litigation.
- Emojis now appear routinely in emails, texts, and Slack logs used as evidence in court.
Emojis Serve Multiple Communicative Roles
- Emojis can substitute for words or add emphasis, changing the message's force.
- The same emoji can serve different functions, so interpreters must consider context and intent.