What I find frightening though is that the notion of public isn't black and white. I can totally see a judge considering something posted online only to your friends to be public. How public does something have to be to be considered public? Visible to a few friends? All your friends? Friends and co-workers? I imagine that the nuance of privacy controls would be lost and anything visible by parties besides those the posting was intended for could be considered public. For example, if I post a message to my timeline for all my Facebook contacts to see, but I really only intended to be for my family, then is that to be considered public since I didn't go through the trouble of shielding that post from anyone but my family?