This comment explores the impact of recent developments in communication on the applicability of the marital communications privilege. Particularly, this article explores the role social media communication plays, focusing on whether a change is necessary for the privilege to adhere to the recent changes in marriage and communication. Part II of this article discusses the history of the marital privilege, the evolution of marriage, and the history of social media. Part III proposes the need to extend the marital privilege to include private communications on social media. I will advocate for this by comparing the Privilege to other communication privileges, analyzing the Privilege’s current status relating to electronic communications (including text messages and emailing), and evaluating the current state of marriage in relation to the Privilege.
Nicole Scott, Digital Love: Where Does the Marital Communications Privilege Fit in the World of Social Media Communications, 32 J. Marshall J. Info. Tech. & Privacy L. 105 (2016)