→Verdict: fixing citations Tag: 2017 wikitext editor |
+ a longer form detailing of commentators' reactions. The article is... already long, but I think this aspect is perhaps the most important of all, certainly more so than the minutiae of the case |
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===To the verdict=== |
===To the verdict=== |
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Columnists, legal observers, and celebrities 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]]''.<ref name="vanity-fair-case-law">{{Cite web |last=Bryant |first=Kenzie |date=2022-04-11 |title=The Johnny Depp–Amber Heard Defamation Trial: The Makings of a “Remarkable” Moment in American Celebrity |url=https://www.vanityfair.com/style/2022/04/johnny-depp-amber-heard-us-virginia-defamation-trial |access-date=2022-06-04 |website=Vanity Fair |language=en-US}}</ref><ref name="yahoo-verdict-1">{{Cite web |last=Snodgrass |first=Erin |last2=Vlamis |first2=Kelsey |last3=Shamsian |first3=Jacob |date=June 2, 2022 |title=Amber Heard said she lost the right to 'speak freely' but experts say the Johnny Depp case was 'not a free speech issue but a credibility issue' |url=https://news.yahoo.com/amber-heard-said-she-lost-013144257.html |access-date=2022-06-04 |website=news.yahoo.com |language=en-US}}</ref><ref name="slate-verdict-1">{{Cite web |last=Lidsky |first=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><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.com |language=en-US}}</ref> Most attributed Heard's loss, however, not to a perversion of the [[First Amendment to the U.S. Constitution]] (which confers broad protection of free speech), but mainly to Depp's charisma and Heard's poor credibility through exaggerated or demonstrably false witness statements.<ref name="yahoo-verdict-1" /><ref name="reason-verdict-1" /> Some also said that jury members might have been (unwittingly or otherwise) exposed to social media support of Depp.<ref name="abc-verdict-1">{{Cite web |last=Dale |first=Maryclaire |last2=Noveck |first2=Jocelyn |date=June 3, 2022 |title=Depp-Heard trial: Advocates fear chilling effect on accusers |url=https://abcnews.go.com/Entertainment/wireStory/depp-heard-trial-advocates-fear-chilling-effect-accusers-85166426 |access-date=2022-06-04 |website=ABC News |language=en}}</ref><ref name="cbc-verdict-1">{{Cite news |last=Benchetrit |first=Jenna |date=May 28, 2022 |title=How memes about the Depp-Heard trial can have real-life consequences |work=[[CBC News]] |url=https://www.cbc.ca/news/entertainment/depp-heard-memeification-1.6469420}}</ref> 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''."<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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Outside the courthouse, the crowd was initially confused by the verdict awarding both Depp and Heard damages. After lawyers and other experts explained the verdict, the mood among the 100+ Depp supporters was jubilant, while the single Heard supporter expressed disappointment but not surprise.<ref>{{cite news |last1=Yahr |first1=Emily |last2=Schwartzman |first2=Paul |title=After the verdict: confusion, elation and — for a few — disappointment |url=https://www.washingtonpost.com/arts-entertainment/2022/06/01/johnny-depp-amber-heard-verdict-courthouse-scene/ |access-date=June 3, 2022 |work=[[The Washington Post]] |date=June 1, 2022 |archive-url=https://archive.is/4UCVp |archive-date=June 3, 2022}}</ref> Angie Speaks of ''Newsweek'' opined that the verdict "seems to spell the end of the #MeToo movement's edict that we #BelieveAllWomen".<ref>{{cite web |last1=Speaks | first1=Angie |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 |website=Newsweek |access-date=3 June 2022}}</ref> |
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Many columnists, including feminist writers and researchers in intimate partner violence, condemned the verdict.<ref name="new-yorker-1" /><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><ref name="time-verdict-2">{{Cite web |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 |website=Time |language=en}}</ref><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><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> Some predicted a [[chilling effect]] on the speech of victims of domestic violence—especially those accusing powerful men—who might fear being sued for defamation or disregarded without extensive photographic and medical evidence taken during the abuse.<ref name="new-yorker-1">{{cite news |last1=Winter |first1=Jessica |date=2 June 2022 |title=The Johnny Depp–Amber Heard Verdict Is Chilling |work=The New Yorker |url=https://www.newyorker.com/culture/cultural-comment/the-depp-heard-verdict-is-chilling}}</ref> ''Time''{{'s}} Eliana Dockterman wrote: "The perfect victim is an innocent. She doesn’t drink or do drugs. As a result, she has a clear memory of her assault ... She’s simplistic. She does not exist."<ref name="time-verdict-1">{{Cite web |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 |website=Time |language=en}}</ref> Some commentators went further and considered the verdict a marker of the end of the [[MeToo movement|#MeToo]] and related [[believe women]] movement,<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><ref name="vox-verdict-1">{{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> including some of the movements' detractors.<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><ref name="rolling-stone-verdict">{{Cite web |last=Bort |first=Ryan |last2= |first2= |date=2022-06-01 |title=Republicans Are Doing Backflips Over Johnny Depp Winning His Defamation Case |url=https://www.rollingstone.com/politics/politics-news/johnny-depp-defamation-verdict-republican-response-1361542/ |access-date=2022-06-04 |website=Rolling Stone |language=en-US}}</ref> ''[[Newsweek]]'' said the trial exposed a fundamental weakness in the #MeToo movement: "The liberal feminist mode has come to rely heavily on media spectacle, celebrity and a careerist incentive structure in which success is built on scalps taken without due process."<ref name="newsweek-verdict-1" /> Many supporters of Depp argued the verdict was, in fact, an expansion of #MeToo to male victims of IPV.<ref name="vox-verdict-1" /> Others were skeptical of the trial's long-term effect, arguing that its context was too unusual to be indicative of the movement's reversal.<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> Civil rights lawyer [[Debra Katz]] called it "a thing of itself—who these people were, and the dysfunction in their marriage and the craziness that took place between them. And this was really driven by celebrity."<ref name="abc-verdict-1" /> |
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The decision to broadcast proceedings to the public was criticized for allowing the trial to be sensationalized, and its nuance obscured.<ref name="buzzfeed-news-1">{{Cite web |last=Keating |first=Shannon |date=May 31, 2022 |title=Mainstream Feminism Has Failed Us |url=https://www.buzzfeednews.com/article/shannonkeating/abortion-rights-amber-heard-girlboss-feminism |access-date=2022-06-04 |website=BuzzFeed News |language=en}}</ref><ref name="az-central-sensationalized">{{Cite web |last=Goodykoontz |first=Bill |date=June 1, 2022 |title=How the media covered the Johnny Depp-Amber Heard verdict, and why audiences cared so much |url=https://www.azcentral.com/story/entertainment/media/2022/06/01/johnny-depp-amber-heard-verdict-media-reaction/7475369001/ |access-date=2022-06-04 |website=The Arizona Republic |language=en-US}}</ref><ref name="nyt-sensationalized">{{Cite news |last=Hess |first=Amanda |date=2022-05-26 |title=TikTok’s Amber Heard Hate Machine |language=en-US |work=The New York Times |url=https://www.nytimes.com/2022/05/26/arts/amber-heard-tiktok-johnny-depp.html |access-date=2022-06-04 |issn=0362-4331}}</ref><ref name="cnet-sensationalized">{{Cite web |last=Sherr |first=Ian |date=June 2, 2022 |title=Why Johnny Depp vs. Amber Heard Dominated the Internet |url=https://www.cnet.com/culture/why-johnny-depp-vs-amber-heard-dominated-the-internet/ |access-date=2022-06-04 |website=CNET |language=en}}</ref> "TikTok's short-video format makes it even harder to find nuance beyond the hero-or-villain narratives people often slot into," DePaul University professor [[Paul Booth (media scholar)|Paul Booth]] noted.<ref name="cnet-sensationalized" /> Reactions on social media—by celebrities and otherwise—were swift and polarized.<ref>{{Cite web |last=Young |first=Julius |date=2022-06-01 |title=Celebs react to Depp-Heard verdict |url=https://www.foxnews.com/entertainment/celebs-react-johnny-depp-amber-heard-verdict |access-date=2022-06-04 |website=Fox News |language=en-US}}</ref> |
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====Depp's reaction==== |
====Depp's reaction==== |
Revision as of 04:36, 4 June 2022
Depp v. Heard | |
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Court | Circuit Court of Fairfax County |
Full case name | John C. Depp, II v. Amber Laura Heard |
Started | April 11, 2022 |
Decided | June 1, 2022 |
Court membership | |
Judge(s) sitting | Penney S. Azcarate[1] |
Case opinions | |
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John C. Depp, II v. Amber Laura Heard (CL–2019–2911)[1] was a defamation trial in Fairfax County, Virginia, that began on April 11 and ended on June 1, 2022.[2] Plaintiff Johnny Depp alleged three counts of defamation against defendant Amber Heard, claiming US$50 million in damages. Heard filed a counterclaim against Depp, seeking $100 million, alleging three counts of defamation based on statements by Depp's lawyer.[3]
Depp and Heard are both actors who were married from 2015 to 2017.[4] In December 2018, Heard published an op-ed in The Washington Post, accusing her ex-husband, without explicity naming him, of intimate partner violence.[5] The headline of the op-ed stated that Heard "spoke up against sexual violence – and faced our culture's wrath".[6][7] Heard wrote in the op-ed that firstly, "two years ago" she became "a public figure representing domestic abuse", and secondly, that she was personally "seeing, in real time, how institutions protect men accused of abuse."[7][8] Depp denied the allegations, and blamed the op-ed for damaging his reputation and career, causing him to sustain extensive financial losses. In return, Heard sued Depp over statements his lawyer Adam Waldman made to the Daily Mail, published in April 2020, firstly, that there was a "sexual violence hoax" by Heard against Depp; secondly, that Heard and her friends "spilled a little wine" in a penthouse, "roughed the place up, got their stories straight" and dialed 911 to stage a "hoax"; thirdly, that there was an "abuse hoax" by Heard against Depp.[6][9]
The jury ruled that the headline and the two statements made above in Heard's op-ed were false, defamed Depp, and made with actual malice, so the jury awarded Depp $10 million in compensatory damages and $5 million in punitive damages from Heard.[6][9] The punitive damages were reduced to $350,000 due to a limit imposed by Virginia state law.[10] For Heard's counterclaim, the jury found that the first and third of Waldman's statements were not defamatory, but also ruled that Waldman's second statement regarding Heard and her friends having "roughed" up a penthouse to stage a "hoax" was false, defamatory and made with actual malice, and thus awarded $2 million in compensatory damages and zero in punitive damages to Heard from Depp.[6][9] Heard intends to appeal the decision, said her spokesman and her lawyer.[11][12]
Background
Depp and Heard's relationship
Actors Johnny Depp and Amber Heard began a relationship in 2012 and married in Los Angeles in February 2015.[13] Heard filed for divorce on May 23, 2016, and obtained a temporary restraining order against Depp.[14][15][16] 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.[17] The divorce received much publicity, with images of Heard's alleged injuries published by the media.[18]
A settlement was reached in August 2016, and the divorce was finalized in January 2017.[19] 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.[20][21] The settlement also included a non-disclosure agreement (NDA) preventing either party from discussing their relationship publicly.[22]
Depp v News Group Newspapers Ltd
In April 2018, UK tabloid The Sun published an article entitled: "Gone Potty: How can JK Rowling be 'genuinely happy' casting wife beater Johnny Depp in the new Fantastic Beasts film?"[23][7][24] In response, Depp sued News Group Newspapers, the publisher of The Sun, and then executive editor[a] Dan Wootton for libel in June 2018.[7][24] 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.[25][26] 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".[27][26] The verdict found that there was "overwhelming evidence" that Depp had assaulted Heard several times and put her in fear of her life.[28][26][29]
After the verdict, Depp resigned from the Fantastic Beasts film series at the request of Warner Bros., its production company.[30] In March 2021, the Court of Appeal rejected Depp's request to appeal the verdict, concluding that 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."[31] 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.[28]
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."[32][7][33] 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][34] She further stated that as a result of this, she had lost a film role and an advertising campaign for a global fashion brand.[28] 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".[28][32]
Adam Waldman's comments to the Daily Mail
In April 2020, the Daily Mail published an article containing several allegations by Depp's lawyer, Adam Waldman. 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".[6][9]
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."[6][9]
Third, Waldman stated: "We have reached the beginning of the end of Ms. Heard's abuse hoax against Johnny Depp."[6][9]
Trial
In February 2019, Depp sued Heard over her December 2018 op-ed in The Washington Post.[3][35][36] Depp also repeated his allegation that Heard had been the one who abused him, and that her allegations constituted a hoax against him.[36] In August 2020, Heard countersued Depp, alleging 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."[37][38] The trial was held in a court in Fairfax County in the state of Virginia, as the servers for The Washington Post's online edition are located in the county.[39]
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.[40] 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.[41] 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.[42][43] The ACLU would later sue Depp for $86,000 for their costs of producing the documents.[44]
The trial began with jury selection in Fairfax County, Virginia, on April 11, 2022.[45] Actors Paul Bettany, James Franco, and Ellen Barkin were mentioned as having been expected to testify.[46] 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.[47]
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.[46] 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 laywers 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.[34]
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.[34][46][48] 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".[46] 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.[34][48]
Testimony
Closing arguments
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.[49] 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."[50] Rottenborn accused Depp of "victim blaming at its most disgusting".[51]
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.[49][50] They asked the jurors to "give him his life back".[52] "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."[52] Vasquez told the court that Heard "came into this courtroom ready to give the performance of her lifetime ... and she gave it."[50]
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.[53][54]
Jury deliberations
Jury deliberations began at around 3:00 p.m. on May 27, after closing arguments were made by both Heard's and Depp's legal teams and jury instructions[55] were agreed. They closed deliberations for the day around 5:00 p.m. on May 27, resuming on May 31, after Memorial Day weekend.[49][56] The jury was instructed by Judge Penney Azcarate before deliberations began to determine whether defamation with actual malice occurred.[50] To meet actual malice, Heard must have written her op-ed with knowledge that her allegations were false, or with reckless disregard for whether they were false or not.
Jury deliberations concluded on June 1 after three days of deliberations; the verdict was set to be announced at 3:00 p.m.,[57][58] but there were delays due to the jurors not filling out the damages section on the verdict.
Verdict
The jury found that 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") were false and defamed Depp with actual malice. The jury awarded Depp $10 million in compensatory damages and $5 million in punitive damages from Heard.[6][9][59][60] The punitive damages, however, were reduced to $350,000 due to a limit imposed by Virginia state law.[10]
In regard to Heard's counter-suit, the jury did not find defamation in two of the three of contested statements that Depp's former lawyer Adam Waldman's had published in the Daily Mail and that the 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" were not defamatory.[6][9][59] However the jury found the following Waldman statement false, defamatory and made with actual malice: "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'".[9][59][61] As a result, Heard was awarded $2 million in compensatory damages but with no punitive damages.[6]
Reactions
To the trial
The trial drew much attention from supporters of both Depp and Heard, as well as the general public.
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.[62] 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.[63][64][65] Clips of the trial were used to create memes as well as compilations or reaction videos, with multiple such videos going viral. 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".[66] This was also noted by other journalists.[67] Several media outlets noted that those posting about the trial on social media seemed to mostly support Depp.[68] 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".[69] One video, a supercut of Heard's lawyer's repeated objections to Depp's testimony has gathered 30 million views on TikTok, and 15 million views on YouTube as of April 29, 2022.[70] Other viral TikTok trends included videos where users act out Heard's testimony, or make "aroused facial expressions" over her testimony of sexual abuse.[66][69] The claim that Heard was passing off film quotes as her own thoughts was debunked,[71][72] that she was using cocaine on the stand,[73][74] or that she was copying Depp's clothing choices.[63] 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.[75][76]
In 2016, Newsweek magazine conducted a review of tweets that used the actors' names and were liked at least 100 times, finding about 36 tweets 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.[77][78] 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.[63]
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, inflation, or Elon Musk.[79] 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.[79] 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 were significantly higher than that of the trial of Derek Chauvin in June 2021.[79] From the above, Axios concluded that Depp v. Heard "stands out as the first major trial to go viral in the TikTok era".[79]
In May 2022, an investigation by the media non-profit The Citizens and Vice World News found 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 UK trial.[80]
Camille Vasquez
Throughout the trial, many focused their attention on Johnny Depp's legal team, particularly Camille Vasquez.[81] 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.[82] Fans created fan pages on TikTok and Instagram, with some garnering tens of thousands of followers. On TikTok, the hashtag #Camillevasquez has over 2.3 billion views.[83][84][failed verification]
After her cross-examination of Heard, Vasquez hugged Depp.[83] On May 18, a reporter from Splash News attempted to question Vasquez about rumors of her and Depp dating, with the reporter claiming that the rumors were all over the Internet, with Vasquez laughing off the comment.[84] It was later posted to TMZ.[85] Sources "connected to Camille Vasquez" expressed that the pair are "definitely not dating".[83]
Some criticized Vasquez for discrediting and not believing Heard, while others championed Vasquez for standing up for male victims of domestic abuse.[86]
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, though the wording may be interpreted as relating to a generic example of a compact.[87] 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.[88] Sellers on internet market places such as Redbubble and Etsy had also begun selling merchandise related to the trial, such as T-shirts and mugs with the slogan "Justice for Johnny".[66][89]
Court spectators
Due to the fact that only 100 spectators can be selected each day, a color coded wristband system was implemented with a fresh round of wristbands released each day at 7:00 am.[90] Crowds outside the courthouse would cheer Depp on his arrival, while Heard would be heckled and booed by them. 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.[91]
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.[92] A court spectator had previously removed himself after being unable to control his laughter during the trial.[93]
One fan repeatedly brought two alpacas in a reported attempt to brighten Depp's day before and after court, with other fans reportedly interacting with the alpacas.[90] This was in response to Heard's lawyer agreeing with Depp that he would not work on another Pirates of the Caribbean film, even if Disney offered him $300 million and one million alpacas.[94]
To the verdict
Columnists, legal observers, and celebrities 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.[95][96][97][98] Most attributed Heard's loss, however, not to a perversion of the First Amendment to the U.S. Constitution (which confers broad protection of free speech), but mainly to Depp's charisma and Heard's poor credibility through exaggerated or demonstrably false witness statements.[96][98] Some also said that jury members might have been (unwittingly or otherwise) exposed to social media support of Depp.[99][100] 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."[101]
Many columnists, including feminist writers and researchers in intimate partner violence, condemned the verdict.[102][103][104][105][106] Some predicted a chilling effect on the speech of victims of domestic violence—especially those accusing powerful men—who might fear being sued for defamation or disregarded without extensive photographic and medical evidence taken during the abuse.[102] Time's Eliana Dockterman wrote: "The perfect victim is an innocent. She doesn’t drink or do drugs. As a result, she has a clear memory of her assault ... She’s simplistic. She does not exist."[107] Some commentators went further and considered the verdict a marker of the end of the #MeToo and related believe women movement,[108][109] including some of the movements' detractors.[110][111] Newsweek said the trial exposed a fundamental weakness in the #MeToo movement: "The liberal feminist mode has come to rely heavily on media spectacle, celebrity and a careerist incentive structure in which success is built on scalps taken without due process."[108] Many supporters of Depp argued the verdict was, in fact, an expansion of #MeToo to male victims of IPV.[109] Others were skeptical of the trial's long-term effect, arguing that its context was too unusual to be indicative of the movement's reversal.[112] Civil rights lawyer Debra Katz called it "a thing of itself—who these people were, and the dysfunction in their marriage and the craziness that took place between them. And this was really driven by celebrity."[99]
The decision to broadcast proceedings to the public was criticized for allowing the trial to be sensationalized, and its nuance obscured.[113][114][115][116] "TikTok's short-video format makes it even harder to find nuance beyond the hero-or-villain narratives people often slot into," DePaul University professor Paul Booth noted.[116] Reactions on social media—by celebrities and otherwise—were swift and polarized.[117]
Depp's reaction
Depp reacted to the result of the trial by declaring that the "jury gave me my life back. I am truly humbled".[118] 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".[119] 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".[120]
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".[121] 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."[121]
After the trial, a spokeswoman for Heard said she planned to appeal the decision.[11][122] 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.[12][123]
Notes
- ^ Victoria Newton was The Sun's editor-in-chief while Dan Wootton served as Executive Editor.
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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