Ross Ulbricht is currently on trial for allegedly running the underground marketplace Silk Road. Thus far, there’s been a lot of intrigue about who exactly was involved in running the site, and it hasn’t been all smiley faces. Well, sort of.

Recently, the prosecutor read a text that ended with a smiley face in court. How would you say that? Well, the prosecutor didn’t. Ulbricht’s lawyers objected, and the judge agreed that the emoticon was important. 

So should emojis be factored into understanding the intent of communication? Anne Curzan, English Professor at the University of Michigan, certainly thinks so.

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