Emojis (those little non-alphabet symbols) have become a part of our everyday language. We used them in texts, emails, and social media posts. Because we use them so often they’ve also started to crop up as evidence in our courtrooms. In this week’s two-minute tip, find out how using Emojis can affect your legal case.

Warning: This video may contain content inappropriate to frequent Instagram users.  

Hi everyone, welcome to another edition of Tisha’s Two Minute Tips. Today we’re talking about using emojis as legal evidence in honor of National Eggplant Day (Aug. 17th). 🍆 You know it’s my thing—if I can tie a food holiday into a court case, I’m not going to miss the opportunity. :-) 

Emojis are the one-character, non-alphabet symbol that you may be using in your social media such as Facebook, tweets, emails, and texts. You might not realize that you probably use emojis all the time. They’re most commonly known as a smiley face or the winky face.

As emojis become part of our everyday language, they’re also starting to crop up as evidence in our courtrooms. Twenty years ago, when I had a trial, I never had to worry about proving what an emoji means in court—but now, I do.

This is important. If you’re a typical business owner—even my six- and seven-figure clients—you commonly use your smartphone every day. You’re using emails, texts, tweets, and other social media to communicate with your customers, vendors, and workers.

Case Study

Anthony Elonis sent a bunch of threatening Facebook posts to his former wife, Tara. Then Anthony posted that he wanted her head on a stick—with a little smiling winky face at the end of the Facebook post. That Facebook post was a violation of his restraining order and it got him convicted.

Anthony appealed his case, and the U.S. Supreme Court overturned the conviction because the court found that the winky face emoji showed his intent was joking—instead of actually threatening his wife, Tara. Emojis can completely change your intent or what you actually meant to say.

Eggplant Emoji

Another great example is the eggplant emoji. Did you know that the eggplant emoji is most commonly used to indicate a certain part of a male’s anatomy? It’s been used in this context so often that Instagram now blocks the usage of the eggplant emoji.

Okay—now just think: how many times in the last week have you used an emoji? And remember—your Facebook Likes count as an emoji.

So the next time you’re writing out a business text, email, or tweet—write out what you mean with actual words. I know it can take a little more time, but it could make a huge difference if your business situation ends up being a dispute in a courtroom.

If you’re a client and you have any doubts, pick up the phone and let’s craft a business response together. My job is to take care of you and your business—so we don’t have to worry that a business dispute becomes a court case down the line.

Author’s note: This blog was originally published on August 17. 2016 in honor of National Eggplant Day.