THE OKLAHOMA BAR JOURNAL 56 | SEPTEMBER 2024 Family Law Texting for the Win By M. Shane Henry and Ashley D. Rahill “I say to her, ‘Did you dictate the Pages Of Hell to Dante?’ She answers, ‘Yes, I did.’” – “The Muse” by Anna Akhmatova TEXTING HAS BEEN CALLED “a brilliant way to miscommunicate how you feel and misinterpret what other people mean.”1 The history of written communication can be traced back to around 3400 B.C. when humans expressed their thoughts with pictures and symbols.2 You might say these were the earliest text messages, even though communication has evolved enormously since ancient times. Text messaging in modern society has, in many ways, replaced other forms of verbal and oral communication. Prior to the early 1980s, when the fax machine became popular,3 people primarily communicated in person, via telephone or through letters. Electronic mail (email) then gained popularity and was widely used beginning in the late 1990s.4 So in the past 30 years, society has transitioned from face-to-face chats and phone calls to faxes, emails and, finally, text messages. The first text message was sent Dec. 3, 1992, when Neil Papworth texted “Merry Christmas” to Richard Jarvis at Vodafone.5 Originally, text messages were used mainly for personal communication, but over the past five years, their use has increased dramatically, replacing email for business communications at many companies. Millennials are the most prominently represented generation in the current workforce. Because this generation grew up with the gradual introduction of email, instant messaging and now text messaging, the latter is their most comfortable and preferred form of communication.6 It’s easy to understand why text messaging has become so popular – because it’s easy! The prevalence of smartphone ownership has given most of us the ability to communicate 24/7 via text message. Phone calls often require advanced scheduling and direct focus as opposed to text messages, which can be composed or read anytime users have a few free moments. Texting is quick and simple. It takes less time than a phone call or even an email. Text messages are usually shorter than emails and take a fraction of the time a typical call requires. The rapid pace of modern society pushes us toward brevity in communication, and texts are the most concise form available. Thoughts are boiled down. Sentences are shortened. Punctuation is often absent. The idea is to communicate the message as concisely as possible. American linguist John H. McWhorter once said, “No one thinks about capital letters or punctuation when one texts, but then again, do you think about those things when you talk?”7 Because so many of us today would much rather text than speak in person, it is not uncommon to hear someone say, “Text, don’t call.” Pictures, emojis, GIFs and abbreviations are commonly used to communicate quickly via text message while adding some entertainment value. Users also utilize multimedia tools to text images, videos and audio clips. These types of text message communications do not even use written words to communicate messages. The popularity of text message communication because of its ease, speed and adaptability, combined with its ability to transform and evolve with technology, suggests that it will continue to dominate in the future. Using Text Messages in Family Law Trials Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.
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