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Depp v. Heard

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Depp v. Heard
CourtFairfax County Circuit Court
Full case name John C. Depp, II v. Amber Laura Heard
StartedApril 11, 2022 (2022-04-11)
DecidedJune 1, 2022 (2022-06-01)
Verdict Depp's claim

Heard found liable in three of three matters of defamation raised. Depp awarded $10 million (of the $50 million claim) in compensatory damages and $5 million in punitive damages (reduced to $350,000 per state law limit).

Heard's counterclaim

Depp found liable in one of three matters of defamation raised. Heard awarded $2 million (of the $100 million claim) in compensatory damages.
Court membership
Judge sittingPenney S. Azcarate[1]

John C. Depp, II v. Amber Laura Heard (CL–2019–2022) was a civil defamation trial between two American actors that took place in Fairfax County, Virginia, from April 11 to June 1, 2022. Plaintiff Johnny Depp alleged three counts[a] of defamation against defendant Amber Heard, claiming $50 million in damages;[2] Heard filed a counterclaim[b] against Depp, claiming damages of $100 million.[3]

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 him $10 million in compensatory damages and $5 million in punitive damages from Heard,[4][5] although the court reduced the punitive damages to $350,000 due to a limit imposed by Virginia state law.[6] The jury also ruled that Depp's former lawyer, Adam Waldman, had defamed Heard in falsely 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.[4][5] Separately, the jury ruled that Waldman's other allegations of Heard's "sexual violence hoax" and "abuse hoax" against Depp had not been proven to be defamatory.[5] Heard's spokesperson and lawyer said she intends to appeal the verdict.[7][8]

Depp and Heard were together for more than three years before they married in February 2015.[9] Heard filed for divorce on May 23, 2016. Four days later, she filed and was granted a temporary restraining order against Depp, alleging that she had been physically abused.[10][11] When their divorce was finalized in January 2017, Depp and Heard signed a non-disclosure agreement. In 2018, after Heard published an op-ed in The Washington Post, stating that she had "spoken up against sexual violence and become a public figure representing domestic abuse",[12] Depp sued her for defamation, blaming the op-ed for damaging his reputation and career and causing him to sustain extensive financial losses.[2] Heard filed a counterclaim relating to statements that Waldman had provided to the Daily Mail.

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. 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.

In a separate trial in which Depp sued News Group Newspapers Ltd (NGN) and executive editor Dan Wootton for libel after British tabloid newspaper The Sun ran an article that claimed Depp had abused his ex-wife, the High Court in London concluded that "the great majority of alleged assaults of Ms Heard by Mr Depp have been proved to the civil standard".[13][14] After losing the UK trial, some legal experts doubted Depp could win his defamation case against Heard in the US, due to much stronger free speech protections.[15][16][17] Differences between the US and the UK trials included the decision being made by a jury rather than a judge, and the fact that the trial was broadcast live.[18][19][20][21] The trial has renewed debates on topics relating to gender and domestic violence.[22] The verdict has been described as a backlash to the #MeToo movement and a potential setback for women's rights, but also a win for "blind justice".[23][24][25][26][27]

Background

Depp and Heard's relationship

Johnny Depp (left) and Amber Heard (right)

Actors Johnny Depp and Amber Heard met in 2009 while filming The Rum Diary; according to Heard, their relationship began "around the end of 2011 or early 2012".[9] They got engaged in January 2014 and married on Depp’s 44-acre private island in the Bahamas in February 2015.[10] Heard filed for divorce on May 23, 2016, and obtained a temporary restraining order against Depp.[28][29][30] In response, he alleged that she was "attempting to secure a premature financial resolution by alleging abuse".[12] 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.[31] The divorce received much publicity, with images of Heard's alleged injuries published by the media.[32]

A settlement was reached in August 2016, and the divorce was finalized in January 2017.[33] 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."[12]

Depp paid Heard a divorce settlement of $7 million, which she pledged to donate to the American Civil Liberties Union and the Children's Hospital Los Angeles.[34][35] The settlement included a non-disclosure agreement (NDA) preventing either party from discussing their relationship publicly.[36]

Depp v News Group Newspapers Ltd

Main article: Depp v News Group Newspapers Ltd

In April 2018, UK tabloid The Sun published an article now titled:[c] 'GONE POTTY How Can J K Rowling be "genuinely happy" casting Johnny Depp in the new Fantastic Beasts film after assault claim?', calling Depp a "wife beater".[37][12][38] He then sued News Group Newspapers, the publisher of The Sun, and then executive editor[d] Dan Wootton for libel in June 2018.[13][12][38] 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.[39][40] 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".[41][40] 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.[14][42][40][43]

After the verdict, Depp resigned from the Fantastic Beasts film series at the request of Warner Bros., its production company.[44] 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".[45] 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."[45][46] 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.[42]

Heard's op-ed in The Washington Post

In December 2018 The Washington Post published an op-ed article written by Heard, titled: "Amber Heard: I spoke up against sexual violence—and faced our culture's wrath. That has to change."[47][12][48] 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."[12][49] She further stated that as a result of this, she had lost a film role and an advertising campaign for a global fashion brand.[42] 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".[42][47] The op-ed did not mention Depp by name.[50]

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".[4][5][51]

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."[4][5][52]

Third, Waldman stated: "We have reached the beginning of the end of Ms. Heard's abuse hoax against Johnny Depp."[4][5][53]

Trial

In February 2019, Depp sued Heard over her December 2018 op-ed in The Washington Post.[2][50][54] 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][54] 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][55] 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][56] 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.[57]

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.[58] 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.[59] 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.[60][61] The ACLU would later ask Depp for $86,000 as their charge for producing the documents.[62]

The trial began with jury selection in Fairfax County, Virginia, on April 11, 2022.[63] Actors Paul Bettany, James Franco, and Ellen Barkin were mentioned as being expected to testify.[64] 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.[65]

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.[64] 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.[49]

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.[49][64][66] 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".[64] 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.[49][66]

Testimony

Closing arguments

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.[67][68] They asked the jurors to "give him his life back".[69] "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."[69] Vasquez told the court that Heard "came into this courtroom ready to give the performance of her lifetime ... and she gave it."[68]

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.[70][71]

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.[67] 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."[68] Rottenborn accused Depp of "victim blaming at its most disgusting".[72]

Jury deliberations

After closing arguments were made by both Heard's and Depp's legal teams, jury instructions were agreed upon.[73] 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).[73]

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.[67][74] Deliberations concluded on June 1. The verdict was set to be announced at 3:00 p.m.,[75][76] but there were delays due to the jurors not filling out the damages section on the verdict.

Verdict

See also: Depp v News Group Newspapers Ltd § Verdict

On June 1, 2022, the jury found that, for all three statements from Heard's 2018 op-ed, Mr. Depp had proven all the elements of defamation,[e] that they were false, defaming Depp with actual malice.[4][5] The jury awarded Depp $10 million in compensatory damages and $5 million in punitive damages from Heard.[77][78] The punitive damages, however, were reduced to $350,000 due to a limit imposed by Virginia state law.[6]

In regard to Heard's counterclaim, the jury found the second of the three contested statements that Depp's former lawyer Adam Waldman had published in the Daily Mail to be defamatory and false, defaming Heard with actual malice.[5][78][79] Regarding the other two contested statements, the jurors concluded that Heard's attorneys had not proven all the elements of defamation.[4][5][78] Heard was awarded $2 million in compensatory damages from Depp but with no punitive damages.[4]

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.[80][16] 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.[81] Paula Todd, a lawyer and media professor, raised the question of how many of the unsequestered jury members would listen to the judge's instructions to avoid accessing online coverage of the trial.[82]

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.[83] 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.[84][85][86] Clips of the trial were used to create memes as well as compilations or reaction videos, with multiple such videos going viral.[87] Those posting about the trial on social media seemed to mostly support Depp,[83][84][88] and oppose Heard.[89][86] Videos carrying the hashtag #justiceforjohnnydepp had attained over 18 billion views on TikTok by the trial's conclusion.[90] 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.[91] Other viral TikTok trends included videos where users act out Heard's testimony, or make "aroused facial expressions" over her testimony of sexual abuse.[92][93]

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.[94][95] 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.[84]

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.[96] 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.[96] 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.[96]

Camille Vasquez

Further information: 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.[97] Supporters created fan pages on TikTok and Instagram, with some garnering tens of thousands of followers.[98] On TikTok, the hashtag #Camillevasquez has over 980 million views.[99]

Some criticized Vasquez for discrediting and not believing Heard, while others championed Vasquez for standing up for male victims of domestic abuse.[100]

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.[101] 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.[102] 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".[92][103]

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.[104] 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.[105] A Heard supporter also handed a bouquet of flowers into Heard's departing vehicle in a potentially prearranged interaction.[106]

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.[107] A court spectator had previously removed himself after being unable to control his laughter during the trial.[108]

Depp support included bringing alpacas with one supporter reporting this as an attempt to comfort and amuse Depp.[104] 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.[109]

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."[110][111] 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."[112] 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".[113]

His full statement, posted on Instagram, has become one of the most-liked Instagram posts of all time with over 19 million likes.[114][115]

Heard's reaction

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".[116][117] 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."[117]

After the trial, a spokeswoman for Heard said she planned to appeal the decision.[7][118] 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.[8][119]

Heard's first interview since the verdict was done with NBC, which started to release footage from June 13.[120] In the interview, Heard said she stood by her testimony, declaring: "I spoke truth to power and paid the price". She said she received "hate and vitriol", and criticized social media for not providing "a fair representation".[120][121] Heard said she did not "blame" the jury for the verdict, because Depp was a "fantastic actor" and "people feel they know him".[120] When the interviewer posited that the jury did not believe Heard's testimony and evidence, Heard questioned how could the jury believe her after "listening to three-and-a-half weeks of testimony about how I was a non-credible person".[120][122]

Other reactions

Columnists, legal experts, and observers on social media reacted strongly to the verdict. Legal experts considered the verdict unusual; defamation suits by public figures are rarely successful in the United States, relevant case law being New York Times Co. v. Sullivan and the subsequent Curtis Publishing Co. v. Butts.[123][124][125][126] New York Times reporter Jeremy W. Peters said that, in publishing allegations of abuse, "both ... women and the press assume the considerable risk that comes with antagonizing the rich, powerful and litigious."[127] Psychology professor Jennifer Freyd, 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".[16] Dan Novack of The Atlantic 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."[128]

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".[92] This was also noted by other journalists at BuzzFeed News,[84] The Independent,[85][93] and Vanity Fair.[129] 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."[130] 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".[130]

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."[131] 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."[131]

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".[132] Widely-shared falsehoods that Heard was passing off film quotes as her own thoughts or using cocaine on the stand were debunked.[133][134][135][136] 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.[137][138] 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.[139] 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".[139] Sunny Hundal of The Independent also noted that most of the images and videos posted on social media portrayed Depp as "smiling, happy or making other people laugh", whereas "Heard is always pictured as angry or crying".[93]

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".[140] 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".[140] Katherine Denkinson of The Independent compared the backlash on social media against Heard and her supporters during the trial with Gamergate, claiming that "the anti-Amber train has been expertly commandeered by the alt-right."[141]

Many columnists, including feminist writers and researchers in intimate partner violence, considered the verdict a backlash against feminism and the #MeToo movement, and predicted a chilling effect on the speech of victims of domestic violence, who might fear being sued for defamation or disregarded without extensive photographic and medical evidence.[142] Angie Speaks of The Low Society Podcast opined that the trial seemed to spell the end of the #BelieveAllWomen philosophy of the MeToo movement.[143] Many supporters of Depp argued the verdict was in fact an expansion of #MeToo to male victims of intimate partner violence and a "victory in the battle against cancel culture".[144][145][146] Others were skeptical of the trial's long-term effect, arguing that the trial's context was too unusual to be indicative of #MeToo's reversal.[147] Leading sexual assault 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's losing his appeal for his rape conviction the next day.[81] Tarana Burke, generally considered the founder of #MeToo, tweeted that "The 'me too' movement isn’t dead, this system is dead ... When you get the verdict you want, 'the movement works' – when you don't, it's dead ... This movement is very much ALIVE."[147] Jack Houghton, digital editor of Sky News Australia, criticized media outlets for portraying individual abuse cases like Heard's "as collectivised examples of cultural trends" such as "virulent antifeminist backlash", with the result that "when a decision goes against one woman" like Heard, media commentary reacted that "all women are being targeted".[148]

Polling conducted by Morning Consult found that in an April survey, about 68% of US adults had "very" or "somewhat" favorable views of Depp, a number which had dropped to 56% after the trial. The drop was most pronounced among baby boomers, with a decrease from 59% to 37%, and least among Generation Z respondents, decreasing from 72% to 70%.[149]

Differences between the US and the UK trials

Key differences in the two libel trials were that the decision in the US trial was made by a jury rather than a judge and that Heard was the defendant in the US trial, whereas in the UK a publisher and its editor were the defendants. Additional witnesses came forward in the US trial. Courtroom discussion in the US also included the divorce settlement money which Heard had pledged to donate. Strong protections for freedom of speech in the United States increased challenges faced by both sides. These were, to some extent, lessened by the choice to conduct the case in Virginia, a location lacking strong anti-SLAPP legislation. The legal teams had also been able to learn from the progress of the previous trial.[150][151][152][153]

Notes

  1. ^ 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).
  2. ^ 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).
  3. ^ The article had an original online publication at 22:00,[37] 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,[13] 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.
  4. ^ Victoria Newton was The Sun's editor-in-chief while Wootton served as Executive Editor.
  5. ^ 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.[77]

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