Depp v. Heard: Difference between revisions
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His full statement, posted on [[Instagram]], has become one of the most-liked Instagram posts of all time at over 17 million.<ref>{{Cite web |last=Lamour |first=Joseph |date=June 2, 2022 |title=JOHNNY DEPP'S POST-TRIAL STATEMENT IS ALREADY ONE OF THE MOST LIKED INSTAGRAM POSTS OF ALL TIME |url=https://www.mic.com/culture/johnny-depp-amber-heard-social-media-verdict |website=Mic.com |publisher=BDG MEDIA, INC}}</ref> The media took note that many celebrities were among those who liked the post, including Heard's co-star, [[Jason Momoa]], who "liked" both Depp's and Heard's statements.<ref>{{Cite web |last=Weekman |first=Kelsey |date=June 2, 2022 |title=Here's A List Of All The Celebs Who Liked Johnny Depp's Instagram Statement |url=https://www.buzzfeednews.com/article/kelseyweekman/johnny-depps-instagram-statement-liked-by-celebrities |website=BuzzFeed News}}</ref> |
His full statement, posted on [[Instagram]], has become one of the most-liked Instagram posts of all time at over 17 million.<ref>{{Cite web |last=Lamour |first=Joseph |date=June 2, 2022 |title=JOHNNY DEPP'S POST-TRIAL STATEMENT IS ALREADY ONE OF THE MOST LIKED INSTAGRAM POSTS OF ALL TIME |url=https://www.mic.com/culture/johnny-depp-amber-heard-social-media-verdict |website=Mic.com |publisher=BDG MEDIA, INC}}</ref> The media took note that many celebrities were among those who liked the post, including Heard's co-star, [[Jason Momoa]], who "liked" both Depp's and Heard's statements.<ref>{{Cite web |last=Weekman |first=Kelsey |date=June 2, 2022 |title=Here's A List Of All The Celebs Who Liked Johnny Depp's Instagram Statement |url=https://www.buzzfeednews.com/article/kelseyweekman/johnny-depps-instagram-statement-liked-by-celebrities |website=BuzzFeed News}}</ref> |
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One of Depp's lawyers in the trial, [[Camille Vasquez]], stated on ''[[Good Morning America]]'' that she was unconcerned that the outcome would discourage victims from coming forward, saying "domestic violence doesn't have a gender."<ref>{{Cite web |last=White |first=Abbey |date=2022-06-08 |title=Johnny Depp's Lawyers Deny Social Media Influenced Jury, Verdict Will Impact #MeToo Victims Coming Forward |url=https://www.hollywoodreporter.com/news/general-news/johnny-depp-lawyers-amber-heard-trial-social-media-me-too-influence-1235161217/ |access-date=2022-06-08 |website=The Hollywood Reporter |language=en-US}}</ref> |
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====Heard's reaction and plans to appeal ==== |
====Heard's reaction and plans to appeal ==== |
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After the trial, a spokeswoman for Heard said she planned to appeal the decision.<ref name="NYTAppeal">{{Cite news |last1=Jacobs |first1=Julia |last2=Bednar |first2=Adam |date=June 2, 2022 |title=Amber Heard says she is 'heartbroken' by the verdict. |work=The New York Times |url=https://www.nytimes.com/live/2022/06/01/arts/johnny-depp-amber-heard-verdict |access-date=June 2, 2022 |archive-url=https://archive.is/ctK6n |archive-date=June 2, 2022 |quote=A spokeswoman for Ms. Heard, Alafair Hall, said the actress plans to appeal the decision.}}</ref><ref>{{Cite news |last=Weaver |first=Matthew |date=2 June 2022 |title=Amber Heard reportedly plans to appeal against Johnny Depp defamation verdict |language=en |work=[[The Guardian]] |url=https://www.theguardian.com/film/2022/jun/02/amber-heard-reportedly-planning-appeal-johnny-depp-defamation-verdict |access-date=2 June 2022 |quote=The actor Amber Heard is reported to be planning an appeal after losing a defamation trial against her former husband Johnny Depp over allegations of domestic abuse.}}</ref> Heard's lawyer, Elaine Bredehoft, said that Heard "absolutely" could not pay the damages she owed to Depp, has "excellent grounds" for an appeal, and would "absolutely" appeal.<ref name="LATappeal">{{Cite news |last=Carras |first=Christi |date=2022-06-02 |title=As Amber Heard plans appeal, her lawyer says she can't pay Johnny Depp $10.4 million |language=en-US |work=Los Angeles Times |url=https://www.latimes.com/entertainment-arts/tv/story/2022-06-02/amber-heard-johnny-depp-verdict-defamation-trial-appeal-bredehoft |access-date=2022-06-02}}</ref><ref>{{Cite news |last=Johnson |first=Jamie |date=3 June 2022 |title=Amber Heard's lawyer hits out at social media influence and says actress cannot afford $10m penalty |language=en |work=[[The Daily Telegraph]] |url=https://www.telegraph.co.uk/world-news/2022/06/03/amber-heards-lawyer-accuses-jury-social-media-influence-says/ |access-date=3 June 2022}}</ref> |
After the trial, a spokeswoman for Heard said she planned to appeal the decision.<ref name="NYTAppeal">{{Cite news |last1=Jacobs |first1=Julia |last2=Bednar |first2=Adam |date=June 2, 2022 |title=Amber Heard says she is 'heartbroken' by the verdict. |work=The New York Times |url=https://www.nytimes.com/live/2022/06/01/arts/johnny-depp-amber-heard-verdict |access-date=June 2, 2022 |archive-url=https://archive.is/ctK6n |archive-date=June 2, 2022 |quote=A spokeswoman for Ms. Heard, Alafair Hall, said the actress plans to appeal the decision.}}</ref><ref>{{Cite news |last=Weaver |first=Matthew |date=2 June 2022 |title=Amber Heard reportedly plans to appeal against Johnny Depp defamation verdict |language=en |work=[[The Guardian]] |url=https://www.theguardian.com/film/2022/jun/02/amber-heard-reportedly-planning-appeal-johnny-depp-defamation-verdict |access-date=2 June 2022 |quote=The actor Amber Heard is reported to be planning an appeal after losing a defamation trial against her former husband Johnny Depp over allegations of domestic abuse.}}</ref> Heard's lawyer, Elaine Bredehoft, said that Heard "absolutely" could not pay the damages she owed to Depp, has "excellent grounds" for an appeal, and would "absolutely" appeal.<ref name="LATappeal">{{Cite news |last=Carras |first=Christi |date=2022-06-02 |title=As Amber Heard plans appeal, her lawyer says she can't pay Johnny Depp $10.4 million |language=en-US |work=Los Angeles Times |url=https://www.latimes.com/entertainment-arts/tv/story/2022-06-02/amber-heard-johnny-depp-verdict-defamation-trial-appeal-bredehoft |access-date=2022-06-02}}</ref><ref>{{Cite news |last=Johnson |first=Jamie |date=3 June 2022 |title=Amber Heard's lawyer hits out at social media influence and says actress cannot afford $10m penalty |language=en |work=[[The Daily Telegraph]] |url=https://www.telegraph.co.uk/world-news/2022/06/03/amber-heards-lawyer-accuses-jury-social-media-influence-says/ |access-date=3 June 2022}}</ref> |
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==== Other reactions ==== |
==== Other reactions, including effect on #MeToo ==== |
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The trial has renewed debates on topics relating to [[domestic violence]], including [[domestic violence against men]], as well as other topics such as the [[MeToo movement|#MeToo movement]], [[cancel culture]], and [[women's rights]].<ref name=":142">{{Cite web |date=2022-06-03 |title=Advocates fear Depp-Heard trial will have a chilling effect on women coming forward with abuse claims |url=https://www.pbs.org/newshour/nation/advocates-fear-depp-heard-trial-will-have-a-chilling-effect-on-women-coming-forward-with-abuse-claims |access-date=2022-06-07 |website=PBS NewsHour |language=en-us}}</ref><ref name=":122">{{Cite web |title=Why the Johnny Depp-Amber Heard verdict was a setback for women and domestic violence survivors |url=https://www.nbcnews.com/news/us-news/amber-heard-verdict-blasted-setback-women-domestic-violence-survivors-rcna31752 |access-date=2022-06-07 |website=NBC News |language=en}}</ref><ref name=":112">{{Cite web |last=Grady |first=Constance |date=2022-06-02 |title=Johnny Depp's legal victory makes it clear the Me Too backlash has arrived |url=https://www.vox.com/culture/23150632/johnny-depp-amber-heard-trial-verdict-me-too-backlash |access-date=2022-06-04 |website=Vox |language=en}}</ref><ref name=":132">{{Cite web |date=2022-06-02 |title=Depp-Heard trial verdict decried as 'symptom of a culture that oppresses women' |url=https://www.theguardian.com/film/2022/jun/02/depp-heard-trial-verdict-me-too-sexual-violence-women |access-date=2022-06-07 |website=the Guardian |language=en}}</ref><ref>{{Cite web |last=Lysova |first=Alexandra |date=2022-06-08 |title=Depp v. Heard verdict is a turning point in discussion of intimate partner violence |url=http://theconversation.com/depp-v-heard-verdict-is-a-turning-point-in-discussion-of-intimate-partner-violence-184424 |access-date=2022-06-12 |website=The Conversation |language=en}}</ref> |
In the aftermath of the trial, many analysts expressed fears that the verdict and trial would “have a chilling effect on women coming forward with abuse claims” and described it as a “setback for women and domestic violence survivors.” The trial has renewed debates on topics relating to [[domestic violence]], including [[domestic violence against men]], as well as other topics such as the [[MeToo movement|#MeToo movement]], [[cancel culture]], and [[women's rights]].<ref name=":142">{{Cite web |date=2022-06-03 |title=Advocates fear Depp-Heard trial will have a chilling effect on women coming forward with abuse claims |url=https://www.pbs.org/newshour/nation/advocates-fear-depp-heard-trial-will-have-a-chilling-effect-on-women-coming-forward-with-abuse-claims |access-date=2022-06-07 |website=PBS NewsHour |language=en-us}}</ref><ref name=":122">{{Cite web |title=Why the Johnny Depp-Amber Heard verdict was a setback for women and domestic violence survivors |url=https://www.nbcnews.com/news/us-news/amber-heard-verdict-blasted-setback-women-domestic-violence-survivors-rcna31752 |access-date=2022-06-07 |website=NBC News |language=en}}</ref><ref name=":112">{{Cite web |last=Grady |first=Constance |date=2022-06-02 |title=Johnny Depp's legal victory makes it clear the Me Too backlash has arrived |url=https://www.vox.com/culture/23150632/johnny-depp-amber-heard-trial-verdict-me-too-backlash |access-date=2022-06-04 |website=Vox |language=en}}</ref><ref name=":132">{{Cite web |date=2022-06-02 |title=Depp-Heard trial verdict decried as 'symptom of a culture that oppresses women' |url=https://www.theguardian.com/film/2022/jun/02/depp-heard-trial-verdict-me-too-sexual-violence-women |access-date=2022-06-07 |website=the Guardian |language=en}}</ref><ref>{{Cite web |last=Lysova |first=Alexandra |date=2022-06-08 |title=Depp v. Heard verdict is a turning point in discussion of intimate partner violence |url=http://theconversation.com/depp-v-heard-verdict-is-a-turning-point-in-discussion-of-intimate-partner-violence-184424 |access-date=2022-06-12 |website=The Conversation |language=en}}</ref> |
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Mark Stephens, an international media lawyer, told the BBC that it was "very rare" that essentially the same case is tried both in the UK and the US with different results.<ref name=":72">{{Cite news |date=2022-06-02 |title=Depp-Heard trial: Why Johnny Depp lost in the UK but won in the US |language=en-GB |work=BBC News |url=https://www.bbc.com/news/world-us-canada-61673676 |access-date=2022-06-06}}</ref> Stephens identified the most important factor for the different outcomes was the American trial being before a jury while the British trial was before a judge only.<ref name=":72"/> Stephens alleged that Depp's lawyers used "[[deny, attack, and reverse victim and offender]]" (Darvo) tactics during both trials, which focuses on the "credibility" of the alleged victim; Stephens said such tactics are more effective against juries, while in the UK trial, the judge recognised that strategy, and dismissed a large amount of evidence that did not directly address whether Depp committed assault or not.<ref name=":72"/><ref name=":82"/> Separately, Stephens also stated that Heard's lawyers, who "were not predominantly trained libel lawyers", made tactical mistakes, and were "outgunned at every corner" by "very strong" lawyers for Depp.<ref name=":82">{{Cite web |date=2022-06-02 |title=Why did the Depp-Heard libel outcomes differ in the US and UK? |url=https://www.theguardian.com/law/2022/jun/02/johnny-depp-amber-heard-libel-outcomes-differ-us-uk |access-date=2022-06-06 |website=the Guardian |language=en}}</ref> |
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[[Jennifer Freyd]], the psychology professor who coined the term Darvo, stated that "there has been a lot of Darvo" in this case, with "an overwhelming case for Depp on social media", "like an anti-Heard campaign".<ref name=":82"/> Persephone Bridgman Baker, a libel lawyer with [[Carter-Ruck]], stated that the most "obvious" reason for the verdict was "that the jury simply believed Depp’s evidence in the US proceedings, or, if you accept that a Darvo strategy was employed, that the jury accepted it."<ref name=":82"/> Baker said that the British judge "placed little importance" on evidence regarding's Heard's credibility and ultimately "decided Heard was a credible witness", but the American jury heard more evidence on Heard's credibility, and this "may have swung a jury".<ref name=":82"/> |
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Hadley Freeman, a journalist for ''The Guardian'', stated that a major difference between the US and UK trials involving Depp was the broadcasting of the US trial, which made it "almost a sports game".<ref name=":72"/> There was large public support for Depp on social media; the jury was instructed not to read about the case online, but they were not sequestered and they were allowed to keep their phones.<ref name=":72"/><ref name=":82"/> |
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The trial has been described as backlash to the [[MeToo movement]] and a potential set back for [[women's rights]].<ref name=":11">{{Cite web |last=Grady |first=Constance |date=2022-06-02 |title=Johnny Depp's legal victory makes it clear the Me Too backlash has arrived |url=https://www.vox.com/culture/23150632/johnny-depp-amber-heard-trial-verdict-me-too-backlash |access-date=2022-06-04 |website=Vox |language=en}}</ref><ref name=":12">{{Cite web |title=Why the Johnny Depp-Amber Heard verdict was a setback for women and domestic violence survivors |url=https://www.nbcnews.com/news/us-news/amber-heard-verdict-blasted-setback-women-domestic-violence-survivors-rcna31752 |access-date=2022-06-07 |website=NBC News |language=en}}</ref><ref name=":13">{{Cite web |date=2022-06-02 |title=Depp-Heard trial verdict decried as 'symptom of a culture that oppresses women' |url=https://www.theguardian.com/film/2022/jun/02/depp-heard-trial-verdict-me-too-sexual-violence-women |access-date=2022-06-07 |website=the Guardian |language=en}}</ref><ref name=":14">{{Cite web |date=2022-06-03 |title=Advocates fear Depp-Heard trial will have a chilling effect on women coming forward with abuse claims |url=https://www.pbs.org/newshour/nation/advocates-fear-depp-heard-trial-will-have-a-chilling-effect-on-women-coming-forward-with-abuse-claims |access-date=2022-06-07 |website=PBS NewsHour |language=en-us}}</ref> Constance Grady of ''Vox'' declared that the verdict represented the beginning of the "backlash" to #MeToo, and rejected the argument of Depp's supporters that his victory was an "expansion" of #MeToo to "believe all victims, including male victims". While she said there was evidence that both Depp and Heard had been violent, Grady argued that "Depp had power over Heard that she did not have over him".<ref name=":11"/> Miles Klee of ''[[MEL Magazine]]'' said "the trial had dangerously shifted the terrain of post-#MeToo rhetoric", and set a precedent for "a blueprint for how men in Depp’s compromised position" could "weaponize their accusers' statements against them".<ref>{{Cite web |last=Klee |first=Miles |date=June 2, 2022 |title=Johnny Depp's legal victory makes it clear the Me Too backlash has arrived |url=https://melmagazine.com/en-us/story/johnny-depp-marilyn-manson-libel-lawsuit-abuse-allegations |access-date=June 5, 2022 |website=MEL Magazine}}</ref> Angie Speaks, writing for ''[[Newsweek]]'', stated that the verdict "seems to spell the end of the #MeToo movement's edict that we #BelieveAllWomen", while criticizing the "disregard the [#MeToo] movement has shown for the importance of due process".<ref name="newsweek-verdict-1">{{Cite web |date=2022-06-02 |title=Johnny Depp's victory is a crack in the moral armor of liberal feminism |url=https://www.newsweek.com/johnny-depps-victory-crack-moral-armor-liberal-feminism-opinion-1712437 |access-date=2022-06-04 |website=Newsweek |language=en}}</ref> Conservatives, and particularly conservative women, reacted to the verdict by celebrating what they perceived as the end of #MeToo.<ref name="daily-dot-verdict-1">{{Cite web |last=Goforth |first=Claire |date=2022-06-01 |title='And thus ends the #MeToo movement': Conservative women celebrate Johnny Depp's victory over Amber Heard |url=https://www.dailydot.com/debug/conservatives-celebrate-johnny-depp-victory-amber-heard/ |access-date=2022-06-04 |website=The Daily Dot |language=en-US}}</ref> |
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[[Tarana Burke]], founder of the movement, disagreed that the verdict had tanked #MeToo, stating that people had been judging #MeToo's success on whether legal decisions went in their favour despite a legal system that failed to ensure "justice and accountability", while Burke judged #MeToo as a success because it had helped "millions" of abuse survivors to come forward.<ref name="the-guardian-verdict-1">{{Cite web |last=Bekiempis |first=Victoria |date=2022-06-03 |title=What does the Heard-Depp verdict mean for the #MeToo movement? |url=https://www.theguardian.com/world/2022/jun/03/metoo-amber-heard-johnny-depp |access-date=2022-06-04 |website=The Guardian |language=en}}</ref> Winter Wheeler, an arbitrator and mediator, disagreed that the verdict was "a referendum on #MeToo long term", opining that people who believed it to be so were possibly unaware of certain evidence in this case. Wheeler further opined that this trial "was definitely not a situation where blind faith and belief in an alleged victim was the right way to go".<ref name="the-guardian-verdict-1" /> Leading #MeToo lawyer [[Debra Katz]] described the trial as having unique celebrity, "dysfunction" and "craziness", but judged that the ''Depp v. Heard'' verdict was less "consequential" to #MeToo compared to [[Harvey Weinstein]] losing his appeal for his rape conviction the next day.<ref name="abc-verdict-1" /> |
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Tiffanie Drayton, a writer, stated to [[NBC News]] that the verdict "points to an ongoing culture that does ''not'' believe women", and sends "a very loud and clear message to survivors [of domestic abuse] like me — that we should never speak up against an abuser, especially not a famous or powerful one".<ref name="nbc-verdict-1">{{Cite web |last=Drayton |first=Tiffanie |date=June 2, 2022 |title=The horrifying domestic abuse precedent set by Johnny Depp's defamation win |url=https://www.nbcnews.com/think/opinion/johnny-depps-amber-heard-trial-verdict-will-devastating-chilling-effec-rcna31681 |access-date=2022-06-04 |website=NBC News |language=en}}</ref> ''[[The New Yorker]]'' editor Jessica Winter cited domestic violence advocates describing a [[chilling effect]] on the speech of victims of domestic violence, that they may be "disbelieved, harassed, shamed, and ostracized if they press charges or share their experiences".<ref name="new-yorker-1">{{Cite magazine |last=Winter |first=Jessica |date=2 June 2022 |title=The Johnny Depp–Amber Heard Verdict Is Chilling |magazine=The New Yorker |url=https://www.newyorker.com/culture/cultural-comment/the-depp-heard-verdict-is-chilling}}</ref> Law professor Eugene Volokh of ''[[Reason (magazine)|Reason]]'' acknowledged that the Depp-Heard verdict would result in a chilling effect on accurate #MeToo allegations, but argued that according to Supreme Court decisions ''[[New York Times v. Sullivan]]'' and ''Garrison v. Louisiana'', the American legal system has already "accepted the core of liability for knowing or reckless lies that damage particular people's reputations, notwithstanding the chilling effect even such reduced liability can cause."<ref name="reason-verdict-1">{{Cite web |last=Volokh |first=Eugene |title=Johnny Depp, Amber Heard, Libel, and Chilling Effects |url=https://reason.com/volokh/2022/06/01/libel-and-chilling-effects/ |access-date=2022-06-04 |website=Reason |language=en-US}}</ref> |
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Film critic [[A. O. Scott]] wrote in ''[[The New York Times]]'' that society "may not entirely forget, but we mostly forgive" celebrities like Depp.<ref name="nyt-verdict-2">{{Cite news |last=Scott |first=A. O. |date=2022-06-02 |title=The Actual Malice of the Johnny Depp Trial |language=en-US |work=The New York Times |url=https://www.nytimes.com/2022/06/02/arts/depp-heard-trial-malice.html |access-date=2022-06-04 |issn=0362-4331}}</ref> Sociologist Nicole Bedera, writing for ''[[Time (magazine)|Time]]'', argued that the verdict shows that "the #MeToo movement hasn't gone far enough" because "there has been very little structural change to the systems that so predictably hurt victims", as the American criminal justice system "can't promise safety or speed. It slows down survivors' healing instead of facilitating it."<ref name="time-verdict-2">{{Cite magazine |last=Bedera |first=Nicole |date=June 2, 2022 |title=Depp v. Heard Reminds Us That the System Is Stacked Against Survivors |url=https://time.com/6183484/johnny-depp-amber-heard-survivors-metoo/ |access-date=2022-06-04 |magazine=Time |language=en}}</ref> |
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Ronnell Andersen Jones and Lyrissa Lidsky of ''[[Slate (magazine)|Slate]]'' commented that ''Depp v. Heard'' showed that "defamation lawsuits do not always dislodge disinformation from public dialogue. In this case, the lawsuit just created more." According to Jones and Lisky, the result was that the trial failed to "do what defamation law is supposed to: protect anyone's reputation."<ref name="slate-verdict-1">{{Cite web |last1=Lidsky |first1=Lyrissa |last2=Jones |first2=Ronnell Anderson |date=2022-06-02 |title=The Real Lesson of the Disastrous Outcome in the Depp-Heard Trial |url=https://slate.com/news-and-politics/2022/06/johnny-depp-amber-heard-defamation-scotus.html |access-date=2022-06-04 |website=Slate Magazine |language=en}}</ref> |
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Dan Novack of ''[[The Atlantic]]'', a media lawyer, argued that the verdict concluded a "fair trial" and was not a markedly different interpretation of the First Amendment, which he says remains "enormously protective of media reporting on credible accusations of sexual abuse. It is telling that Depp did not name the ACLU ... or ''The Washington Post''."<ref name="atlantic-1st-amendment">{{Cite web |last=Novack |first=Dan |date=2022-06-02 |title=The First Amendment Is Stronger Than Johnny Depp |url=https://www.theatlantic.com/ideas/archive/2022/06/johnny-depp-amber-heard-verdict-first-amendment/661174/ |access-date=2022-06-04 |website=The Atlantic |language=en}}</ref> |
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Kellie Lynch, an associate professor of criminology, discussed in ''[[The Conversation (website)|The Conversation]]'' that the trial's relation to intimate partner violence, a topic which Lynch said had many "nuances" that are "often overlooked". Lynch commented that the bidirectional violence is not necessarily "mutual abuse" and that, to properly understand intimate partner violence, "one must consider the context under which the violence occurs."<ref name="the-conversation-verdict-1">{{Cite web |last=Lynch |first=Kellie |title=Heard v. Depp trial was not just a media spectacle – it provided an opportunity to discuss the nuances of intimate partner violence |url=http://theconversation.com/heard-v-depp-trial-was-not-just-a-media-spectacle-it-provided-an-opportunity-to-discuss-the-nuances-of-intimate-partner-violence-182843 |access-date=2022-06-04 |website=The Conversation |language=en}}</ref> ''Time''{{'s}} Eliana Dockterman wrote that domestic abuse is "messy and complicated", but "social media strips away nuance", resulting in the myth that victims must be "perfect", which was a standard that Amber Heard could not meet.<ref name="time-verdict-1">{{Cite magazine |last=Dockterman |first=Eliana |title=The Depp-Heard Trial Perpetuates the Myth of the Perfect Victim |url=https://time.com/6183505/amber-heard-perfect-victim-myth-johnny-depp/ |access-date=2022-06-04 |magazine=Time |language=en}}</ref> Cathy Young, an author writing for ''[[The Bulwark (website)|The Bulwark]]'', disagreed with "pro-Heard pundits" that Heard was an "imperfect victim" when these pundits already "acknowledge that there are real problems with her claims", including admission of violence and "questionable statements". Young gave an example of "battered wife, but also a shoplifter" as an example of an "imperfect victim"; Young argued that Heard was not that, but more of a "mutual combatant" and "unreliable witness".<ref>{{cite web |last1=Young |first1=Cathy |title=Can We Stop Mass Shootings? |url=https://morningshots.thebulwark.com/p/can-we-stop-mass-shootings?s=r |website=[[The Bulwark (website)|The Bulwark]] |access-date=June 7, 2022}}</ref> |
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Dan McLaughlin of ''[[National Review Online]]'' wrote of three lessons from the trial: first, "there is always a potential upside for fighting to clear your own good name even if you (like Johnny Depp) have a ton of dirty laundry". Second, McLaughlin criticized the slogan "believe all women" in favour of the pledge to "hear all women", arguing that women should not be blindly believed as women are not infallible. He said the verdict "reflects that the jury spent time with the facts and did its best to do truth and justice". Third, McLaughlin stated: "it is hard to fight fame in court or in public", Depp "was much more famous than Heard, and he was much more successful in court".<ref>{{cite news |last1=McLaughlin |first1=Dan |title=Lessons from the Johnny Depp–Amber Heard Verdict |url=https://www.nationalreview.com/corner/lessons-from-the-johnny-depp-amber-heard-verdict/ |access-date=June 7, 2022 |work=[[National Review]] |date=June 1, 2022}}</ref> |
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Jack Houghton, digital editor of ''[[Sky News Australia]]'', stated that Heard's cross-examination by Camille Vasquez "gave millions around the world an answer to the only question that mattered. Was Amber Heard credible? If the court of public opinion could offer an edict the answer was clearly no." Houghton noted that Heard's reaction to the verdict bemoaned the loss of freedom of speech, "even though she just successfully sued Johnny Depp for defamation. It is these kind of inconsistencies which make Heard’s words difficult to swallow and her testimony videos prone to virality."<ref>{{cite news |last1=Houghton |first1=Jack |title=Media 'loses reader trust' by painting the Johnny Depp and Amber Heard trial as 'misogynistic' |url=https://www.skynews.com.au/business/media/media-loses-reader-trust-by-painting-the-johnny-depp-and-amber-heard-trial-as-misogynistic/news-story/25d028a213baea924e32d74280483584 |access-date=June 9, 2022 |work=[[Sky News Australia]] |date=June 3, 2022}}</ref> |
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==Differences between the US and the UK trials== |
==Differences between the US and the UK trials== |
Revision as of 02:09, 13 June 2022
Depp v. Heard | |
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Court | Fairfax County Circuit Court |
Full case name | John C. Depp, II v. Amber Laura Heard |
Started | April 11, 2022 |
Decided | June 1, 2022 |
Court membership | |
Judge sitting | Penney S. Azcarate[1] |
Case opinions | |
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John C. Depp, II v. Amber Laura Heard (CL–2019–2911) was a civil defamation trial that took place in Fairfax County, Virginia, between April 11 and June 1, 2022. Plaintiff Johnny Depp alleged three counts[a] of defamation against defendant Amber Heard, each claiming $50 million in damages;[2] Heard filed a counterclaim[b] against Depp, claiming damages of $100 million.[3]
Depp and Heard are both actors who entered a romantic relationship around late 2011 or early 2012 and married in February 2015.[4] Heard filed for divorce in May 2016 and obtained a temporary restraining order, alleging that Depp had been physically abusive to her throughout their relationship.[5] The couple finalized their divorce in January 2017, with Heard receiving a $7 million settlement that she pledged to donate to charity.[6] In December 2018, Heard published an op-ed in The Washington Post that did not name Depp, under a title stating, "I spoke up against sexual violence", and with text stating, "two years ago, I became a public figure representing domestic abuse", and "I had the rare vantage point of seeing, in real time, how institutions protect men accused of abuse".[7] In March 2019, Depp filed a defamation lawsuit against Heard in Virginia, blaming the op-ed both for damaging his reputation and career and for causing him to sustain extensive financial losses.[2] In August 2020, Heard filed a counterclaim relating[c] to three statements that Depp's lawyer Adam Waldman had provided to The Daily Mail in April 2020. Separately, Depp filed Depp v News Group Newspapers Ltd in June 2018 against the publishers of British tabloid The Sun for describing him as a "wife beater". That trial took place in July 2020 at the High Court in London, with Heard testifying as a witness on behalf of the defendants.[8] In November 2020, the High Court rejected Depp's claims of libel, concluding that "the great majority of alleged assaults of Ms Heard by Mr Depp have been proved to the civil standard".[9][10]
Throughout the Virginia trial, Depp's lawyers sought to disprove Heard's abuse allegations and to demonstrate that she had been the instigator, rather than the victim, of intimate partner violence in the couple's relationship. Heard's lawyers defended the op-ed, claiming it was factual and protected by the First Amendment. The livestreamed trial attracted large numbers of viewers as well as considerable social media commentary, the majority of which was sympathetic to Depp and/or critical of Heard; large numbers of Depp's supporters gathered at the courthouse and responded on social media to live coverage of the trial, contributing to what was widely described as a "circus-like atmosphere" at the courthouse and a significant public spectacle.[11][12][13][14] In the United States, news articles about the case generated more social media interactions per article than all other significant news topics of that time period. Clips of the trial were widely used to create compilations and reaction videos, with multiple such videos, on platforms such as TikTok, going viral. Videos carrying the hashtag #justiceforjohnnydepp had attained over 18 billion views on TikTok by the trial's conclusion.[15]
The jury ruled that Heard's op-ed's references to "sexual violence" and "domestic abuse" were false and defamed Depp with actual malice, awarding Depp $10 million in compensatory damages and $5 million in punitive damages from Heard[16][17] with the court reducing the punitive damages to $350,000 due to a limit imposed by Virginia state law.[18] The jury ruled that Waldman's allegations of a "sexual violence hoax" and "abuse hoax" by Heard against Depp had not been proven defamatory, but that Waldman did, with actual malice, defame Heard in alleging she "roughed up" a penthouse as part of a "hoax" against Depp. The jury awarded Heard $2 million in compensatory damages and zero in punitive damages from Depp.[16][17] Heard's spokesperson and lawyer said she intends to appeal the decision.[19][20] When asked about a possible settlement, Depp's lawyer referenced the trial to say, "this was never about money."[21]
Many legal experts doubted whether Depp could win his case having lost a similar libel suit in the UK.[22][23][24]
Background
Depp and Heard's relationship
Actors Johnny Depp and Amber Heard met in 2009 while filming The Rum Diary; according to Heard, they began a relationship "around the end of 2011 or early 2012".[4] They married in Los Angeles in February 2015.[5] Heard filed for divorce on May 23, 2016, and obtained a temporary restraining order against Depp.[25][26][27] In response, he alleged that she was "attempting to secure a premature financial resolution by alleging abuse".[7] Heard testified about the alleged abuse at a deposition during their divorce litigation, alleging that Depp had been "verbally and physically abusive" throughout their relationship, usually while under the influence of alcohol or drugs.[28] The divorce received much publicity, with images of Heard's alleged injuries published by the media.[29]
A settlement was reached in August 2016, and the divorce was finalized in January 2017.[30] Heard withdrew the restraining order, and she and Depp released a joint statement stating that their "relationship was intensely passionate and periodically volatile, but always bound by love. Neither party has made false accusations for financial gain. There was never any intent of physical or emotional harm."[7]
Depp paid Heard a settlement of $7 million, which she pledged to donate to the American Civil Liberties Union and the Children's Hospital Los Angeles.[31][32] The settlement included a non-disclosure agreement (NDA) preventing either party from discussing their relationship publicly.[33]
Depp v News Group Newspapers Ltd
In April 2018, UK tabloid The Sun published an article now titled:[d] 'GONE POTTY How Can J K Rowling be "genuinely happy" casting Johnny Depp in the new Fantastic Beasts film after assault claim?'[34][7][35] Depp sued News Group Newspapers, the publisher of The Sun, and then executive editor[e] Dan Wootton for libel in June 2018.[9][7][35] Both Depp and Heard testified in the trial, which focused on evaluating 14 alleged incidents of abuse, at the High Court of Justice in July 2020.[36][37] In November 2020, Mr Justice Andrew Nicol, sitting without a jury, found that Depp had lost his case as the allegations against him had been proven to a civil standard and were found to be "substantially true".[38][37] The verdict found that there was "overwhelming evidence" that Depp had assaulted Heard in 12 of the 14 alleged incidents and put her in fear of her life.[10][39][37][40]
After the verdict, Depp resigned from the Fantastic Beasts film series at the request of Warner Bros., its production company.[41] In March 2021, the Court of Appeal rejected Depp's request to appeal the verdict, concluding that the appeal had "no real prospect of success".[42] Lawyers for Depp had argued that he hadn't received a fair hearing and that Heard was an unreliable witness, but the appeals judges concluded he had a "full and fair" trial, and that "the judge based his conclusions on each of the incidents on his extremely detailed review of the evidence specific to each incident ... in an approach of that kind there was little need or room for the judge to give weight to any general assessment of Ms. Heard's credibility."[42][43] According to The New York Times, the use of material from the UK trial has been limited in the US case, but the specifics have not been disclosed publicly.[39]
Heard's op-ed in The Washington Post
In December 2018, The Washington Post published an op-ed article written by Heard; it was titled: "Amber Heard: I spoke up against sexual violence—and faced our culture's wrath. That has to change."[44][7][45] In the article, Heard stated: "Two years ago, I became a public figure representing domestic abuse, and I felt the full force of our culture's wrath for women who speak out. ... I had the rare vantage point of seeing, in real time, how institutions protect men accused of abuse."[7][46] She further stated that as a result of this, she had lost a film role and an advertising campaign for a global fashion brand.[39] The op-ed, which identified Heard as an ambassador on women's rights at the American Civil Liberties Union, called for Congress to re-authorize the Violence Against Women Act and raised concern about the changes Betsy DeVos had proposed to Title IX, which Heard argued could potentially "weaken protections for sexual assault survivors".[39][44] The op-ed did not mention Depp directly.[47]
Adam Waldman's comments in the Daily Mail
Matters from Heard's counterclaim[3] that were pursued through the trial were those that related to three statements made by Depp's lawyer, Adam Waldman that were published by the Daily Mail in April and June 2020.
First, Waldman stated that "Amber Heard and her friends in the media used fake sexual violence allegations as both sword and shield, depending on their needs. They have selected some of her sexual violence hoax 'facts' as the sword, inflicting them on the public and Mr. Depp".[16][17][48]
Second, Waldman stated that regarding a 2016 incident in Depp and Heard's Hollywood penthouse: "Quite simply this was an ambush, a hoax. They set Mr. Depp up by calling the cops but the first attempt didn't do the trick. The officers came to the penthouses, thoroughly searched and interviewed, and left after seeing no damage to face or property. So, Amber and her friends spilled a little wine and roughed the place up, got their stories straight under the direction of a lawyer and publicist, and then placed a second call to 911."[16][17][49]
Third, Waldman stated: "We have reached the beginning of the end of Ms. Heard's abuse hoax against Johnny Depp."[16][17][50]
Trial
In February 2019, Depp sued Heard over her December 2018 op-ed in The Washington Post.[2][47][51] Depp claimed that Heard's allegations were part of an elaborate hoax against him and repeated his allegation that Heard had been the one who violently abused him.[2][51] In August 2020, Heard countersued Depp including the allegation that he had coordinated "a harassment campaign via Twitter and [by] orchestrating online petitions in an effort to get her fired from Aquaman and L'Oréal."[3][52] The trial was held at the Fairfax County Circuit Court with this location chosen according to the declared reason of The Washington Post's being a newspaper printed in the county and created online through servers in Virginia.[2][53] However, it has also been speculated that Virginia was chosen due to weak Anti-SLAPP laws allowing success in defamation cases to be more achievable.[54]
Pre-trial developments
In October 2020, the judge in the case disqualified Depp's lawyer Adam Waldman from representing Depp after he leaked confidential information covered by a protective order to the media.[55] Following the verdict in Depp's lawsuit against The Sun the following month, Heard's lawyers filed to have the defamation suit dismissed; however, Judge Penney S. Azcarate ruled against it because Heard had been a witness, not a defendant in the UK case; the facts alleged were different (Heard's allegedly defamatory statements were made after the English case commenced); and the parties had not been subject to the same discovery procedures as in the United States.[56] In August 2021, a New York judge ruled that the American Civil Liberties Union (ACLU) had to disclose documents related to Heard's charity pledge to the organization.[57][58] The ACLU would later sue Depp for $86,000 as their charge for producing the documents.[59]
The trial began with jury selection in Fairfax County, Virginia, on April 11, 2022.[60] Actors Paul Bettany, James Franco, and Ellen Barkin were mentioned as having been expected to testify.[61] According to a source close to his legal team, Tesla and SpaceX CEO and Heard's now ex-boyfriend Elon Musk was originally listed as a potential witness; however, he made the decision not to testify in the trial.[62]
Opening statements
Opening statements were made on April 12, 2022. Lawyers representing Depp accused Heard of making up domestic abuse accusations about Depp to further her career, saying that Heard made the accusations because Depp had asked for a divorce.[61] They argued that while Heard's 2018 op-ed did not mention Depp, it was clear by implication that it referred to him, and that Heard's writing in that article ("two years ago, I became a public figure representing domestic abuse") was a reference to her May 2016 restraining order request, in which she claimed that Depp had physically abused her. Depp's lawyers discussed Heard appearing in public with a bruised face on May 27, 2016, accusing her of staging the injury, citing that Depp had not met her since May 21, 2016, and witnesses did not see her with the injury immediately after May 21, 2016.[46]
Heard's lawyers claimed that Depp had physically and sexually abused Heard on multiple occasions during their relationship, usually triggered by his addiction to alcohol and drugs.[46][61][63] They accused Depp of seeking to "humiliate Amber, haunt her, wreck her career" with the Virginia lawsuit, and to turn the case into a "soap opera".[61] They further argued that the First Amendment protected Heard's right to express her views in the op-ed, which was mostly focused on a broad discussion of domestic violence and did not specifically mention Depp's name. Finally, Heard's lawyers stated that the allegations had not changed Depp's reputation, as they had become public knowledge two years prior to the op-ed, and that Depp had instead ruined his career in Hollywood himself with his drinking and drug use; this made him "unreliable" in the eyes of film studios.[46][63]
Testimony
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Closing arguments
Depp's legal team
Depp's legal team has maintained that Heard was the abuser in their relationship and that Heard's allegations against Depp were untrue and had ruined his life.[64][65] They asked the jurors to "give him his life back".[66] "You either believe all of it or none of it. Either Mr. Depp assaulted Ms. Heard with a bottle in Australia, or Ms. Heard got up on that stand, in front of all of you, and made up that horrific tale of abuse", lawyer Camille Vasquez told the jury. "An act of profound cruelty not just to Mr. Depp but to true survivors of domestic abuse."[66] Vasquez told the court that Heard "came into this courtroom ready to give the performance of her lifetime ... and she gave it."[65]
Vasquez also argued that Heard "burns bridges" and "her close friends don't show up for her", because according to Vasquez, apart from Heard's sister, every other person who testified on behalf of Heard was a "paid expert", whereas in contrast many witnesses showed up to testify for Depp in court.[67][68]
Heard's legal team
Heard's legal team maintained two main arguments, that Depp did abuse Heard, and that even if he did not abuse her, the op-ed was not libelous as it did not mention Depp by name nor directly address her allegations against him.[64] They told jurors to "think about the message that Mr. Depp and his attorneys are sending to Amber and victims of domestic abuse". "If you didn't take pictures, it didn't happen", Benjamin Rottenborn, a lawyer for Heard, said. "If you didn't seek medical attention, you weren't injured." He claimed Depp "cannot and will not take responsibility. ... It's all somebody else's fault." He told jurors that "if Amber was abused by Mr. Depp even one time, then she wins."[65] Rottenborn accused Depp of "victim blaming at its most disgusting".[69]
Jury deliberations
After closing arguments were made by both Heard's and Depp's legal teams, jury instructions were agreed upon.[70] Judge Penney Azcarate instructed that the jury must find all of the following to determine that Ms. Heard was liable for defamation for each statement in question (and must find similarly regarding the statements made by Mr. Depp):
- Ms. Heard made or published the statement;
- the statement was about Mr. Depp;
- the statement is false;
- the statement has a defamatory implication about Mr. Depp;
- the defamatory implication was designed and intended by Ms. Heard;
- due to circumstances surrounding the publication of the statement, it conveyed a defamatory implication to someone who saw it other than Mr. Depp; and,
- as proven by clear and convincing evidence, that Ms. Heard made the statement with actual malice (i.e., with knowledge that her allegations were false, or so recklessly as to amount to a willful disregard for the truth).[70]
Jury deliberations began at around 3:00 p.m. on May 27. They closed deliberations for the day around 5:00 p.m., resuming on May 31, after Memorial Day weekend.[64][71] Deliberations concluded on June 1. The verdict was set to be announced at 3:00 p.m.,[72][73] but there were delays due to the jurors not filling out the damages section on the verdict.
Verdict
The jury found that, for all three statements from Heard's 2018 op-ed ("I spoke up against sexual violence – and faced our culture's wrath. That has to change", "Then two years ago, I became a public figure representing domestic abuse, and I felt the full force of our culture's wrath for women who speak out", and "I had the rare vantage point of seeing, in real time, how institutions protect men accused of abuse"), Mr. Depp had proven all the elements of defamation,[f] that they were false, defaming Depp with actual malice.[16][17] The jury awarded Depp $10 million in compensatory damages and $5 million in punitive damages from Heard.[74][75] The punitive damages, however, were reduced to $350,000 due to a limit imposed by Virginia state law.[18]
In regard to Heard's counterclaim, the jury found the second of the three of contested statements that Depp's former lawyer Adam Waldman had published in the Daily Mail to be defamatory and that, for this statement ("Quite simply this was an ambush, a hoax. They set Mr. Depp up by calling the cops, but the first attempt didn't do the trick. The officers came to the penthouses, thoroughly searched and interviewed, and left after seeing no damage to face or property. So Amber and her friends spilled a little wine and roughed the place up, got their stories straight under the direction of a lawyer and publicist, and then placed a second call to 911"), Ms. Heard had proven all the elements of defamation,[g] that this statement was false, defaming Heard with actual malice.[17][75][76] Regarding the other two contested statements ("Amber Heard and her friends in the media use fake sexual-violence allegations as both a sword and shield depending on their needs. They have selected some of her sexual violence hoax 'facts' as the sword, inflicting them on the public and Mr. Depp" and "We have reached the beginning of the end of Ms. Heard's abuse hoax against Johnny Depp") the jurors concluded that Heard's attorneys had not proven all the elements of defamation.[16][17][75] Heard was awarded $2 million in compensatory damages from Depp but with no punitive damages.[16]
Reactions
To the trial
The trial drew much attention from supporters of both Depp and Heard, as well as the general public. At the start of the trial, many legal experts suggested that Depp had a smaller chance of winning than he did in the previous UK trial, citing the very strong free speech protections in the US.[77][24]
Social media
The trial generated a strong reaction on social media.
The trial was livestreamed, with the comment section being compared by some reporters to a Twitch or VMA stream instead of a news channel.[78] Users in the stream chat expressed opinions about the case or rallied against others doing the same, with similar comments and memes about those involved and the case seen on Twitter, TikTok, and Instagram.[79][80][81] Clips of the trial were used to create memes as well as compilations or reaction videos, with multiple such videos going viral.[82] Journalist Amelia Tait of The Guardian referred to the case as "trial by TikTok" and stated that on social media, the case had become "a source of comedy".[83] This was also noted by other journalists at BuzzFeed News,[79] The Independent,[80][84] and Vanity Fair.[85] Those posting about the trial on social media seemed to mostly support Depp,[78][79][86] and oppose Heard.[87][81] According to Sunny Hundal of The Independent, most of these images and videos portrayed Depp as "smiling, happy or making other people laugh", whereas "Heard is always pictured as angry or crying".[84] One video, a supercut of Heard's lawyer's repeated objections to Depp's testimony had gathered 30 million views on TikTok, and 15 million views on YouTube as of April 29, 2022.[88] Other viral TikTok trends included videos where users act out Heard's testimony, or make "aroused facial expressions" over her testimony of sexual abuse.[83][84] The claim that Heard was passing off film quotes as her own thoughts was debunked,[89][90] as were claims that she was using cocaine on the stand.[91][92] Two of Heard's expert witnesses, psychiatrists Dawn Hughes and David Spiegel, had their WebMD profiles targeted by negative comments following their appearances during the trial.[93][94]
In 2016, Newsweek conducted a review of tweets that used the actors' names and were liked at least 100 times, finding about 36 that backed Amber Heard or disparaged Johnny Depp, versus only two in support of Depp. Since April 19, 2022, a similar study found that at least 509 tweets had been posted and met the criteria of the 2016 study, with a vast majority giving support to Depp.[95][96] BuzzFeed News reported that, between April 25 and 29, 2022, there were 1,667 posts uploaded to Facebook using the hashtag #JusticeForJohnnyDepp, with over 7 million total interactions, i.e. likes and shares between them. Meanwhile, Heard comparatively only had 16 posts in support, with 10,415 interactions. Additionally, on TikTok, videos tagged with #JusticeForAmberHeard have over 21 million combined views, while videos tagged with #JusticeForJohnnyDepp have over 5 billion combined views as of April 29.[79]
Data collected by Newswhip from April 4 to May 16, 2022, indicated that news articles about the trial had generated more social media interactions per article in the United States than all other significant news topics, including the leaked Supreme Court draft opinion on abortion, the 2022 Russian invasion of Ukraine, the 2021–2022 inflation surge, or the acquisition of Twitter by Elon Musk.[97] Data from SimilarWeb showed that entertainment news websites such as People, Us Weekly, and the New York Post saw traffic increases of between 9–22% for the month of April 2022 compared to April 2021, as a result of the trial.[97] Law&Crime, which broadcast the trial, had a 50× increase in daily viewership on their app compared to before the trial; the president of the Law&Crime network, Rachel Stockman, stated that the consumption of coverage of the Depp v. Heard trial was significantly higher than that of the trial of Derek Chauvin in June 2021.[97]
In May 2022, the media non-profit The Citizens and Vice World News reported that the conservative website The Daily Wire had spent between $35,000 and $47,000 on Facebook and Instagram advertisements to promote misleading information about the trial, which they described as “anti-Amber Heard propaganda".[98]
Amanda Hess, a critic writing for The New York Times, opined that the broadcasting of the trial "is an invitation for the proceedings to be deliberately, even gleefully tailored to a viewer’s whim", with Internet platforms like TikTok and YouTube being "practically built to manipulate raw visual materials in the service of a personality cult, harassment campaign or branding opportunity."[99] Hess states that the "internet livestreaming of the trial has created its own virtual sport", as viewers can provide their own commentary for the livestream, but this "gives viewers the illusion that they can somehow influence the outcome of the case".[99]
Ian Sherr and Erin Carson of CNET wrote that social media algorithms kept providing coverage of the trial to the public "because even if we weren't interested, our friends probably were"; "social feeds may start showing you only pro-Depp videos and posts, because that's what the apps think you'll want."[100] Sherr and Carson cited media professor Paul Booth saying that social media can be "problematic ... when you lose that kind of critical focus on it and you start thinking that the rabbit hole [in social media] you've gone down is the whole world, and you lose perspective on everything else."[100]
Shannon Keating, a culture writer and editor for BuzzFeed News, wrote that the "social media frenzy around this case was clearly fueled by savvy PR", as well as bots and conservative media advertising.[101] She criticized how "lots of people have happily accepted the propaganda as sacrosanct", with Depp having "clearly already won in the court of public opinion".[101]
Bill Goodykoontz of The Arizona Republic wrote that the immense public attention of the trial was partly due to Depp and Heard being "famous people locked in a stunningly lurid battle".[102] Goodykoontz criticized social media's coverage of the trial, stating that "Depp and Heard are real people with real problems, after all, not just meme fodder and hashtag subjects", and that the "vile nature of some of the misogynistic tweets and TikTok videos posted about Heard were toxic masculinity at its worst".[102]
Camille Vasquez
On day 16 of the trial, Vasquez cross-examined Heard, with at least one video of the cross-examination going viral. A TikTok video which shows Heard responding to a comment made by Vasquez to the court, as if it were a question, when no question had yet been asked, received over 1.2 million views and 109,000 likes, as of May 22. Many of the comments under the video are from users praising Vasquez, and her articulation and legal understanding.[103] Supporters created fan pages on TikTok and Instagram, with some garnering tens of thousands of followers.[104] On TikTok, the hashtag #Camillevasquez has over 980 million views.[105]
Some criticized Vasquez for discrediting and not believing Heard, while others championed Vasquez for standing up for male victims of domestic abuse.[106]
Companies
Companies also involved themselves in the social media discussions about the trial. During the opening statements, one of Heard's attorneys held up a compact concealer makeup palette, stating: "This is what Amber carried in her purse for the entire relationship with Johnny Depp. This was what she used. She became very adept in it", appearing to be holding Milani Cosmetics' Conceal + Perfect All-in-One Correcting Kit palette.[107] Following this, Milani Cosmetics posted a video on TikTok that stated that Heard could not have used their specific product to cover any alleged bruises during her relationship with Depp as it had not been released until December 2017—eleven months after the pair's divorce.[108] Sellers on Internet marketplaces like Redbubble and Etsy had also begun selling merchandise related to the trial, including T-shirts and mugs such as with the slogan "Justice for Johnny".[83][109] Law professor Mary Anne Franks claimed that she encountered many forms of online misinformation about the trial despite trying to avoid reading about the trial, and raised the possibility of the unsequestered jury members being influenced by them.[110] Paula Todd, a lawyer and media professor, claimed that the unsequestered jury members would not listen to the judge's instructions to avoid accessing online coverage of the trial.[111]
Court spectators
Due to the fact that only 100 spectators could be selected each day, a color coded wristband system was implemented with a fresh round of wristbands released each day at 7:00 am.[112] Crowds outside the courthouse would cheer Depp on his arrival, while heckling and booing Heard. On the fourth day of the trial, two Depp supporters were removed from the courtroom when it was discovered that they had made death threats towards Heard online.[113]
In the final week of the trial, a woman was removed from the courtroom after she stood up and yelled to Depp: "This baby is yours!" and claimed to be his soulmate.[114] A court spectator had previously removed himself after being unable to control his laughter during the trial.[115]
Depp support included bringing alpacas with one supporter reporting this as an attempt to brighten Depp's day.[112] Depp had previously commented that he would not work on another Pirates of the Caribbean film, even if Disney offered him $300 million and one million alpacas.[116]
A Heard supporter also handed a bouquet of flowers into Heard's departing vehicle in a potentially prearranged interaction.[117]
To the verdict
Depp's reaction
Depp reacted with comments on his experience and saying, "six years later, the jury gave me my life back. I am truly humbled."[118][119] Depp also stated that he was "overwhelmed by the outpouring of love and the colossal support and kindness from around the world". He continued: "I hope that my quest to have the truth be told will have helped others, men or women, who have found themselves in my situation, and that those supporting them never give up."[120] Depp also highlighted "the noble work of the Judge, the jurors, the court staff and the Sheriffs who have sacrificed their own time to get to this point", and praised his "diligent and unwavering legal team" for "an extraordinary job".[121]
His full statement, posted on Instagram, has become one of the most-liked Instagram posts of all time at over 17 million.[122] The media took note that many celebrities were among those who liked the post, including Heard's co-star, Jason Momoa, who "liked" both Depp's and Heard's statements.[123]
Heard's reaction and plans to appeal
Within minutes of the verdict, Heard released a statement that she was "heartbroken that the mountain of evidence still was not enough to stand up to the disproportionate power, influence and sway of my ex-husband".[124][125] She described the verdict as a "setback" for women, elaborating that it "sets back the clock to a time when a woman who spoke up and spoke out could be publicly shamed and humiliated", "sets back the idea that violence against women should be taken seriously", and also expressed sadness that "I seemed to have lost a right I thought I had as an American – to speak freely and openly."[125]
After the trial, a spokeswoman for Heard said she planned to appeal the decision.[19][126] Heard's lawyer, Elaine Bredehoft, said that Heard "absolutely" could not pay the damages she owed to Depp, has "excellent grounds" for an appeal, and would "absolutely" appeal.[20][127]
Other reactions, including effect on #MeToo
In the aftermath of the trial, many analysts expressed fears that the verdict and trial would “have a chilling effect on women coming forward with abuse claims” and described it as a “setback for women and domestic violence survivors.” The trial has renewed debates on topics relating to domestic violence, including domestic violence against men, as well as other topics such as the #MeToo movement, cancel culture, and women's rights.[128][129][130][131][132]
Mark Stephens, an international media lawyer, told the BBC that it was "very rare" that essentially the same case is tried both in the UK and the US with different results.[77] Stephens identified the most important factor for the different outcomes was the American trial being before a jury while the British trial was before a judge only.[77] Stephens alleged that Depp's lawyers used "deny, attack, and reverse victim and offender" (Darvo) tactics during both trials, which focuses on the "credibility" of the alleged victim; Stephens said such tactics are more effective against juries, while in the UK trial, the judge recognised that strategy, and dismissed a large amount of evidence that did not directly address whether Depp committed assault or not.[77][133] Separately, Stephens also stated that Heard's lawyers, who "were not predominantly trained libel lawyers", made tactical mistakes, and were "outgunned at every corner" by "very strong" lawyers for Depp.[133]
Jennifer Freyd, the psychology professor who coined the term Darvo, stated that "there has been a lot of Darvo" in this case, with "an overwhelming case for Depp on social media", "like an anti-Heard campaign".[133] Persephone Bridgman Baker, a libel lawyer with Carter-Ruck, stated that the most "obvious" reason for the verdict was "that the jury simply believed Depp’s evidence in the US proceedings, or, if you accept that a Darvo strategy was employed, that the jury accepted it."[133] Baker said that the British judge "placed little importance" on evidence regarding's Heard's credibility and ultimately "decided Heard was a credible witness", but the American jury heard more evidence on Heard's credibility, and this "may have swung a jury".[133]
Hadley Freeman, a journalist for The Guardian, stated that a major difference between the US and UK trials involving Depp was the broadcasting of the US trial, which made it "almost a sports game".[77] There was large public support for Depp on social media; the jury was instructed not to read about the case online, but they were not sequestered and they were allowed to keep their phones.[77][133]
The trial has been described as backlash to the MeToo movement and a potential set back for women's rights.[134][135][136][137] Constance Grady of Vox declared that the verdict represented the beginning of the "backlash" to #MeToo, and rejected the argument of Depp's supporters that his victory was an "expansion" of #MeToo to "believe all victims, including male victims". While she said there was evidence that both Depp and Heard had been violent, Grady argued that "Depp had power over Heard that she did not have over him".[134] Miles Klee of MEL Magazine said "the trial had dangerously shifted the terrain of post-#MeToo rhetoric", and set a precedent for "a blueprint for how men in Depp’s compromised position" could "weaponize their accusers' statements against them".[138] Angie Speaks, writing for Newsweek, stated that the verdict "seems to spell the end of the #MeToo movement's edict that we #BelieveAllWomen", while criticizing the "disregard the [#MeToo] movement has shown for the importance of due process".[139] Conservatives, and particularly conservative women, reacted to the verdict by celebrating what they perceived as the end of #MeToo.[140]
Tarana Burke, founder of the movement, disagreed that the verdict had tanked #MeToo, stating that people had been judging #MeToo's success on whether legal decisions went in their favour despite a legal system that failed to ensure "justice and accountability", while Burke judged #MeToo as a success because it had helped "millions" of abuse survivors to come forward.[141] Winter Wheeler, an arbitrator and mediator, disagreed that the verdict was "a referendum on #MeToo long term", opining that people who believed it to be so were possibly unaware of certain evidence in this case. Wheeler further opined that this trial "was definitely not a situation where blind faith and belief in an alleged victim was the right way to go".[141] Leading #MeToo lawyer Debra Katz described the trial as having unique celebrity, "dysfunction" and "craziness", but judged that the Depp v. Heard verdict was less "consequential" to #MeToo compared to Harvey Weinstein losing his appeal for his rape conviction the next day.[110]
Tiffanie Drayton, a writer, stated to NBC News that the verdict "points to an ongoing culture that does not believe women", and sends "a very loud and clear message to survivors [of domestic abuse] like me — that we should never speak up against an abuser, especially not a famous or powerful one".[142] The New Yorker editor Jessica Winter cited domestic violence advocates describing a chilling effect on the speech of victims of domestic violence, that they may be "disbelieved, harassed, shamed, and ostracized if they press charges or share their experiences".[143] Law professor Eugene Volokh of Reason acknowledged that the Depp-Heard verdict would result in a chilling effect on accurate #MeToo allegations, but argued that according to Supreme Court decisions New York Times v. Sullivan and Garrison v. Louisiana, the American legal system has already "accepted the core of liability for knowing or reckless lies that damage particular people's reputations, notwithstanding the chilling effect even such reduced liability can cause."[144]
Film critic A. O. Scott wrote in The New York Times that society "may not entirely forget, but we mostly forgive" celebrities like Depp.[145] Sociologist Nicole Bedera, writing for Time, argued that the verdict shows that "the #MeToo movement hasn't gone far enough" because "there has been very little structural change to the systems that so predictably hurt victims", as the American criminal justice system "can't promise safety or speed. It slows down survivors' healing instead of facilitating it."[146]
Ronnell Andersen Jones and Lyrissa Lidsky of Slate commented that Depp v. Heard showed that "defamation lawsuits do not always dislodge disinformation from public dialogue. In this case, the lawsuit just created more." According to Jones and Lisky, the result was that the trial failed to "do what defamation law is supposed to: protect anyone's reputation."[147]
Dan Novack of The Atlantic, a media lawyer, argued that the verdict concluded a "fair trial" and was not a markedly different interpretation of the First Amendment, which he says remains "enormously protective of media reporting on credible accusations of sexual abuse. It is telling that Depp did not name the ACLU ... or The Washington Post."[148]
Kellie Lynch, an associate professor of criminology, discussed in The Conversation that the trial's relation to intimate partner violence, a topic which Lynch said had many "nuances" that are "often overlooked". Lynch commented that the bidirectional violence is not necessarily "mutual abuse" and that, to properly understand intimate partner violence, "one must consider the context under which the violence occurs."[149] Time's Eliana Dockterman wrote that domestic abuse is "messy and complicated", but "social media strips away nuance", resulting in the myth that victims must be "perfect", which was a standard that Amber Heard could not meet.[150] Cathy Young, an author writing for The Bulwark, disagreed with "pro-Heard pundits" that Heard was an "imperfect victim" when these pundits already "acknowledge that there are real problems with her claims", including admission of violence and "questionable statements". Young gave an example of "battered wife, but also a shoplifter" as an example of an "imperfect victim"; Young argued that Heard was not that, but more of a "mutual combatant" and "unreliable witness".[151]
Dan McLaughlin of National Review Online wrote of three lessons from the trial: first, "there is always a potential upside for fighting to clear your own good name even if you (like Johnny Depp) have a ton of dirty laundry". Second, McLaughlin criticized the slogan "believe all women" in favour of the pledge to "hear all women", arguing that women should not be blindly believed as women are not infallible. He said the verdict "reflects that the jury spent time with the facts and did its best to do truth and justice". Third, McLaughlin stated: "it is hard to fight fame in court or in public", Depp "was much more famous than Heard, and he was much more successful in court".[152]
Jack Houghton, digital editor of Sky News Australia, stated that Heard's cross-examination by Camille Vasquez "gave millions around the world an answer to the only question that mattered. Was Amber Heard credible? If the court of public opinion could offer an edict the answer was clearly no." Houghton noted that Heard's reaction to the verdict bemoaned the loss of freedom of speech, "even though she just successfully sued Johnny Depp for defamation. It is these kind of inconsistencies which make Heard’s words difficult to swallow and her testimony videos prone to virality."[153]
Differences between the US and the UK trials
Differences between the US and the UK trials included the decision being made by a jury rather than a judge, a different understanding on what had happened to the divorce money, Heard being the defendant, additional witnesses coming forward in the US, Depp being able to opt for a location lacking strong anti-SLAPP legislation and that teams may have learned from the challenges of the previous trial.[154][155][156]
See also
- Domestic violence against men
- Depp v News Group Newspapers Ltd
- MeToo movement § 2022 (Amber Heard and Johnny Depp)
Notes
- ^ The 30 page, "John C. Depp, II, Plaintiff, v. Amber Laura Heard, Defendant. Civil Action No. 2019 02911" complaint of defamation[2] raised:
COUNT ONE—DEFAMATION FOR STATEMENTS IN MS.HEARD'S DECEMBER 18, 2018 OP-ED IN THE PRINT EDITION OF THE WASHINGTON POST - pages 21-24;
COUNT TWO—DEFAMATION FOR STATEMENTS IN MS.HEARD'S DECEMBER 18, 2018 OP-ED IN THE ONLINE EDITION OF THE WASHINGTON POST - pages 24-26;
COUNT THREE—DEFAMATION FOR STATEMENTS IN MS.HEARD'S DECEMBER 18, 2018 OP-ED WHICH HEARD REPUBLISHED WHEN SHE TWEETED A LINK TO THE OP-ED ON DECEMBER 19, 2018 - pages 26-29.
(Much of the contents are repeated between counts). - ^ Heard's counterclaim[3] had counts that claimed: personal immunity to civil liability (pages 13-14) and both defamation by Depp and agents (pages 14-17) and harassment by computer by Depp and agents (pages 18-19).
- ^ Heard's counterclaim's section 66.d-f[3] (page 16) relates to the April 2020 statements that Depp's lawyer Adam Waldman provided to the Daily Mail.
- ^ The article had an original online publication at 22:00,[34] 27th Apr 2018 with the headline 'GONE POTTY How Can J K Rowling be "genuinely happy" casting wife beater Johnny Depp in the new Fantastic Beasts film?'. Justice Nicol's trial Judgement,[9] refers to this date and subsequently states:
4. From about 7.58am on 28th April 2018 the headline of the website article was changed to, 'GONE POTTY How Can J K Rowling be "genuinely happy" casting Johnny Depp in the new Fantastic Beasts film after assault claim?' ('the amended headline'). The online article was otherwise the same as it had been.
5. On 28th April 2018 the hard copy edition of The Sun included a substantially article under the amended headline.
and later,
79. I have already noted that neither party sought to distinguish between the articles. The notable difference was that the original online article in its headline referred to the Claimant as a ‘wife beater’. The amended online article and the print version instead referred to the ‘assault claim’. However, as I have said, neither party treated the differences as material. - ^ Victoria Newton was The Sun's editor-in-chief while Wootton served as Executive Editor.
- ^ For all three matters raised from Depp's claim, the jury found that Mr. Depp had proven all the elements of defamation: that Mr Depp had proven by a greater weight of the evidence that: the statement was made or published by Ms. Heard; the statement was about Mr. Depp; the statement was false; the statement had a defamatory implication about Mr. Depp; the defamatory implication was designed and intended by Ms. Heard; due to circumstances surrounding the publication of the statement, it conveyed a defamatory implication to someone who saw it other than Mr. Depp; and that Mr. Depp had proven by clear and convincing evidence that Ms. Heard acted with actual malice.[74]
- ^ The summary question asked to the jury regarding each of the matters raised from Heard's claim was, "Do you find that Ms. Heard has proven all the elements of defamation?" In the case of second of these matters, the jury answered "yes" to this question within context that their "yes" answers were then immediately revealed for the following questions: "Has Ms. Heard proven by the greater weight of the evidence that: question - Mr. Waldman, while acting as an agent for Mr. Depp, made or published the statement?"; "question - the statement was about Ms. Heard?"; "question - the statement was seen by someone other than Ms. Heard?"; "question - the statement was false?"; "Do you find that Ms. Heard has proven by clear and convincing evidence that statement made by Mr. Waldman was made with actual malice?"[76]
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External links
- YouTube playlist of the trial by Law&Crime, including video broadcasts
- Trial exhibits at the Fairfax County Court's website
- Op-ed written by Amber Heard for The Washington Post