Well…it is in New York State that a judge allowed the defense, and ordered the Plaintiff, to have the Facebook and MySpace posting given to the defense. Found this on a blog, but it refers to a Westlaw source: http://blog.internetcases.com/2010/09/25/court-privacy-on-social-networking-sites-myspace-facebook-is-wishful-thinking-chicago-internet-attorney-copyright-lawyer/
Note, however, that the authoritive and more comprehensive ruling is here: http://caselaw.findlaw.com/ny-supreme-court/1539217.html
You have to admit that, no matter which side of a personal injury case you usually handle, the court in that New York Case appeared to reason it out, including the review of the relevant Stored Communications Act, 18 U.S.C. ¶ 2701 et seq before requiring the Plaintiff to produce not only her current postings but any that have been removed. The court’s reasoning included the following truism: “Plaintiffs who place their physical condition in controversy, may not shield from disclosure material which is necessary to the defense of the action (see: Hoening v. Westphal, supra ).”
When a claim is made in a personal injury case, and even more so in a defamation case, it opens a Plaintiff’s life up somewhat. Although New York State law is not controlling in the slightest on the courts in South Carolina, I am sure that a defense lawyer or two will want to try this. After all, the family court lawyers have been saying this for awhile here. Now, at least you have some relevant statutes and law to assist you in seeking out the social media postings of a Plaintiff. Tell me if it works!