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LEGAL ENGLISH · LEGAL ISSUES · UPPER-INTERMEDIATE (B2-C1)

SOCIAL
MEDIA ON
TRIAL
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1 Warm up

Discuss the questions in pairs or small groups.

1. In what ways can social media affect legal systems?

2. Do you think that there should be stricter regulations and laws governing social media companies’
access to our personal data?
3. Should governments have the legal authority to ban social media platforms if they are deemed a
threat to national security?

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2 Focus on vocabulary

Part A: Match the words from each group to create complete phrases.

1. barred a. from

2. technological b. disclosure

3. committee c. accessed

4. company’s d. concerns

5. improperly e. investigation

6. internal f. off

7. cut g. tentacles

8. national security h. lawmakers

Part B: Complete the sentences with the phrases from Part A.

1. The were tasked with reviewing the proposed legislation and

recommending changes before it was presented to Congress.

2. The employee was terminated after it was discovered that they had
sensitive information stored on the company’s servers.

3. The court issued an injunction to the defendant’s access to the

disputed property until a final ruling is made.

4. The government’s decision to ban the use of certain technology in the country was based on
.

5. During the trial, the defence barrister presented evidence obtained through the company’s
that proved their client’s innocence.

6. The court ruled that the defendant should be contacting their accuser.

7. The company’s actions have led to the development of , which have

had far-reaching consequences.

8. The of its financial data was scrutinised by the Securities and Exchange
Commission to ensure compliance with regulations.

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3 Listening comprehension
You are going to watch/listen to a news report about the social media app, TikTok. Choose the correct
answer from the following options.

1. What is the main purpose of the legislation that the US House of Representatives plans to pass in
relation to TikTok?
a. to give the Biden administration legal authority to ban TikTok

b. to ensure that TikTok user data is stored in the United States

c. to allow administrators to evaluate its links to the Chinese government

2. What was the main point of criticism that lawmakers had for TikTok CEO, Shouzi Chew, during
the House committee hearing?
a. TikTok’s unwillingness to assist the US government.

b. The potential for TikTok to be used for political propaganda.

c. The company’s lack of transparency regarding its ties to the Chinese government.

3. What was the specific nature of the data breach that TikTok was involved in?

a. ByteDance employees improperly accessed the TikTok user data of two journalists.

b. TikTok users’ personal information was sold to a third-party company.

c. Oracle’s database was hacked and user data was stolen.

4. What is the main concern expressed by Kevin McCarthy about TikTok?

a. that it is owned by a Chinese-based company

b. that it promotes inappropriate content to young people

c. that it does not have adequate data security measures in place

5. What measures has TikTok taken to address data security concerns in the US?

a. It has partnered with a US-based storage company.

b. It has taken steps to monitor possible spying operations.

c. It has limited governments’ ability to spread untruths.

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4 Language point: inverted adverbial phrases

Part A: Look at the box below.

• When a negative adverbial phrase is placed at the beginning of a sentence, it creates a

different emphasis or focus and can make the sentence sound more formal. The structure
of an inverted sentence is as follows:

negative adverbial + auxiliary verb + subject + main verb

• Here are some examples of inversion with a negative adverbial phrase:

Under no circumstances may a witness refuse to answer a question during a deposition.

Not only did the defendant breach the contract, but they also committed fraud.

Never should a prosecutor withhold evidence from the defence.

Rarely will a court overturn a jury’s verdict, unless there is clear and convincing evidence of
misconduct.

• When constructing sentences with a negative adverbial phrase, the phrase should come
at the beginning of the sentence, followed by the auxiliary verb, subject, and then the
main verb.

"The career criminal was rarely trusted by juries."

"Rarely was the career criminal trusted by juries."

• For students taking official exams, this is a useful structure to use in formal writing
questions, such as essays, and even in the speaking exam, as candidates are expected
to show off their grammatical knowledge.

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Part B: Now, rewrite the following sentences so that they begin with an inverted adverbial phrase.

1. The defendant seldom admitted liability.

2. The court rarely overturns decisions made in the High Court.

3. The judge not only charged the defendant with theft but also with conspiracy.

4. Claimants hardly ever win a case without substantial evidence.

5. A judge should never show bias towards one party over another.

6. A prosecutor cannot knowingly introduce false evidence under any circumstances.

7. The court rarely grants bail to defendants charged with serious offences.

8. Under the double jeopardy rule, in no way can a person be punished twice for the same offence.

5 Reading comprehension

Part A: You are going to read an article about how social media is impacting trials (page seven). Find
vocabulary in the article which has the same meaning as the following definitions.

Group 1:

1. (adj., para. 1): seeming to be everywhere

2. (adj., para. 1): expected to be a specified thing in the future

3. (n, para. 1): a preconceived opinion that is not based on reason or actual
experience
4. (v, para. 1): exist in large numbers

5. (n, para. 2): the quality of being based on truth or reason, or of being able to
be accepted
6. (n, para. 3): the actions that are taken in a court of law

7. (v, para. 4): examine something very carefully in order to discover information

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Group 2:

1. (n, para. 4): the action of damaging the reputation of a person or group by
saying or writing bad things about them that are not true
2. (idiom, para. 4): stop working correctly

3. (n, para. 4): the quality or power that something or someone has that makes
it or them attractive
4. (phr. v, para. 5): finish something that takes a long time and is difficult or
boring
5. (n, para 5): a situation in which there is great confusion, violence, or
destruction
6. (n, para. 6): a generally accepted opinion or decision among a group of people

7. (n, para. 6): the study of law and the principles on which law is based

Part B: Complete the following sentences with ONE to FOUR words from the article.

1. Determining whether jurors are impartial or not is known as the .

2. Jim Griffin of the investigation carried out by police in the Alex

Murtaugh case.

3. Judge Newman believed that Griffin’s action went against the .

4. Elon Musk wanted to because of how he is viewed by many in San

Francisco.

5. Fans of celebrities can influence trials by leading .

6. Since juries are unlikely to go without using social media, their opinions could be affected by
.

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The influence of social media on trial objectivity

How online bias is affecting impartiality in the legal system

1. Social media has become so ubiquitous that it is becoming increasingly difficult to find truly objective citizens to
sit on juries. The voir dire process, in which prospective jurors are questioned to determine whether they harbour
any kind of bias or prejudice against one of the parties, is encountering unprecedented problems. During the
gripping trial of Alex Murdaugh, theories abounded online as to whether he had in fact murdered his wife and
son. Shortly before deliberations began, one of the jurors had to be replaced as it emerged that she had shared
her opinions on the validity of the evidence she had viewed. This coming despite Judge Clifton Newman giving
jurors a daily order not to talk about the case with anyone.

2. Social media’s potential influence on the trial was further exacerbated when defence attorney, Jim Griffin,
retweeted an article from the Washington Post. It featured remarks that he himself had made questioning the
validity of the police investigation. This prompted Judge Newman to ask, "Is this part of your defence strategy?"
While Griffin had not officially broken any laws, Judge Newman clearly saw this as an attempt to sway jurors,
saying "I think it goes against the spirit of the law."

3. Jury members cannot be policed constantly as to the information they consume, so bias, unconscious or not,
is likely to play a part. Before Elon Musk was found not guilty of fraud earlier this year, he attempted to shift
proceedings to a different city, due to the barrage of negative traffic directed toward him online from the people
of San Francisco. He claimed it would be impossible to have a fair trial there - Musk had laid off around 1,000
people in the San Francisco area, according to the filing by Musk’s lawyers, and this was likely going to influence
the social media accounts of jurors.

4. Celebrity trials were circuses before the advent of social media. Now, they dominate new feeds, with each detail
scrutinised and legions of fans leading online campaigns. Amber Heard, who lost a high-profile defamation case
against Johnny Depp, said social media may have influenced the jury’s decision to find her guilty. She said, "I think
(the) vast majority of this trial was played out on social media. I think that this trial is an example of that gone
haywire, gone amok, and the jury’s not immune to that". Even if a juror is impervious to the lure of Facebook,
TikTok et al., many print media outlets now look online for their news stories.

5. In response to the Gwyneth Paltrow ski lawsuit, the magazine with the third-highest readership in the world,
Vogue, ran the following story: "The Very Best Social Media Reactions to the Gwyneth Paltrow Ski Trial". While
online commentators were not particularly kind to Paltrow, in another example of how platforms are affecting
trials, her own defence used images of her accuser taken from his social media to discredit him. Her lawyers
ploughed through online photos of Terry Sanderson, who claimed she crashed into him while skiing. In response
to the pictures, neuropsychologist Dr Angela Eastvold testified that he scored high on "narcissism" and that he
"may lack empathy". That information in turn joined the online maelstrom.

6. Few jurors can go eight hours, much less a whole week, without using social media, leaving them open to having
their opinions influenced by online theories. They may also feel pressured to go with the consensus, even if this
does not reflect how they really feel. The challenges posed by modern technology to the objectivity of juries
highlight the need for a continued examination of the role of jurisprudence in ensuring fair and impartial trials.

Sources: CBS News, npr.org lawandcrime.com

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6 Talking point

In pairs or small groups, discuss the following questions.

1. Do you think jurors should be banned from viewing social media during high-profile cases?
2. Is there a better alternative to juries in their traditional guise?
3. What measures can be taken to prevent the occurrence of trials by social media in cases involving
celebrities?

7 Optional extension/homework

Read the sentence below and write an opinion essay to what extent you agree with the statement.

The only way to ensure that jurors remain objective and that a
trial is fair is by banning all reporting from courtrooms.

You should:

• write at least 250 words,

• check your grammar, spelling and punctuation

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