NY Judge: No Facebook %u201CFishing Expedition,%u201D Denies Social Media Discovery Requests | Justia Tech Law News. It should be no surprise that a New York Judge has ruled that a Defendant may not have access to a private Facebook account and postings in discovery. Why is it that lawyers and clients seem to think that the Internet and Social Media change the rules of discovery? For discovery to be had, the evidence sought must be relevant, material, or reasonably lead to the discovery of admissible evidence. A litigant may not, as many Judges have opined, go on a "fishing expedition" of an opposing litigant's life in order to search for evidence. Duh. Facebook, Twitter, or any other form of social media, don't change the law at all. In fact, computer aided discovery merely broadens the playing field. Lesson over, children. Now, go back to the playground, and gang up on a bully.