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The Economics of Everyday Things

EXTRA: Emoji and the Law

The Economics of Everyday Things

Freakonomics Network

Business

4.81.6K Ratings

🗓️ 4 September 2025

⏱️ 20 minutes

🧾️ Download transcript

Summary

How do courts interpret those little icons on your phone? Zachary Crockett brings down the hammer.

Transcript

Click on a timestamp to play from that location

0:00.0

Hey, it's Zach.

0:03.1

Before I get started, just want to let you know that we touch on some adult topics in this episode.

0:08.3

If you're listening with kids, you might want to review it first.

0:11.6

All right, on with the show.

0:17.3

Sometimes we interview really interesting people for this podcast who just don't end up making it into an episode.

0:23.9

Like this guy.

0:25.4

I love talking about emojis, so we got lots to talk about.

0:29.3

That's Eric Goldman.

0:31.2

I am a professor of law.

0:32.7

I'm associate dean for research, and I'm co-director of the High Tech Law Institute, and that's all at

0:37.9

Santa Clara University School of Law.

0:40.0

A couple weeks ago, we did an episode on emoji, you know, smiley faces, hearts, fire.

0:46.9

While I was doing research for that episode, I came across an incredible 2018 paper by Goldman,

0:52.8

titled Imoges and the Law.

0:55.1

The legal side of emoji didn't quite fit in with the rest of our episode.

0:59.6

But today, we're going to give Goldman the stage, because, as it turns out, lawyers and judges

1:05.9

have a lot to say on the subject.

1:10.9

The courts will play a role in terming the meaning of emoji.

1:13.9

That outcome's inevitable.

1:15.4

The question is whether they're doing it fairly.

1:19.8

For the Freakonomics Radio Network, this is the economics of everyday things.

1:24.7

I'm Zachary Crockett.

...

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