1. It looks like the court got this one wrong. If properly authenticated, the MySpace page should have been admitted as non-hearsay, under Evidence Rule 801(D)(2), as an admission of a party opponent. Oddly, there is no mention of Rule 801 in the opinion.

  2. Your point is well taken. Just because something is discoverable does not mean it is ultimately admissible. However, I agree with the comments above. There may have been ways to make the information in this case admissible. Therefore, people should still be wary of what they post on the web.

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