Last Word: The Rise of Emoji-Based Litigation: When a Winky Face Lands You in Court

Once reserved for lighthearted texts and social media posts, emojis have taken on a far more serious role in recent years. Judges and juries now confront the interpretive challenges of these tiny symbols. As emoji use explodes in personal and professional communication, emoji-based litigation is rising along with it—raising fundamental questions about intent, ambiguity, and the evolution of language in law.

For example, in Lightstone RE LLC v. Zinntex LLC, [2022] N.Y. Slip Op 32931 (N.Y. Sup. Ct. Kings Cty. 2022), a supplier sent a 👍 emoji in response to a final draft of a deal. The buyer claimed the emoji signified approval and acceptance, amounting to contract formation. The court stopped short of enforcing the contract solely on the emoji but did accept the thumbs-up as part of the negotiation trail.

For more information see Mark R Parthemer “Last Word: The Rise of Emoji-Based Litigation: When a Winky Face Lands You in Court,” ABA Probate and Property Journal, July 1, 2025.

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