Jury's Duty in Depp-Heard Trial Doesn't Track Public Debate

This combination of two separate photos shows divorced actors Johnny Depp, left, and Amber Heard in the courtroom at the Fairfax County Circuit Court in Fairfax, Va., Tuesday May 3, 2022. (Jim Watson/Pool photos via AP)
This combination of two separate photos shows divorced actors Johnny Depp, left, and Amber Heard in the courtroom at the Fairfax County Circuit Court in Fairfax, Va., Tuesday May 3, 2022. (Jim Watson/Pool photos via AP)
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Jury's Duty in Depp-Heard Trial Doesn't Track Public Debate

This combination of two separate photos shows divorced actors Johnny Depp, left, and Amber Heard in the courtroom at the Fairfax County Circuit Court in Fairfax, Va., Tuesday May 3, 2022. (Jim Watson/Pool photos via AP)
This combination of two separate photos shows divorced actors Johnny Depp, left, and Amber Heard in the courtroom at the Fairfax County Circuit Court in Fairfax, Va., Tuesday May 3, 2022. (Jim Watson/Pool photos via AP)

A seven-person civil jury in Virginia will resume deliberations Tuesday in Johnny Depp's libel trial against Amber Heard. What the jury considers will be very different from the public debate that has engulfed the high-profile proceedings.

For six weeks, testimony focused on details of alleged abuse that Heard says she suffered at the hands of Depp. Heard has outlined more than a dozen specific instances where she says she was assaulted by Depp, The Associated Press said.

Depp has denied any physical or sexual abuse, and says Heard concocted the claims to destroy Depp's reputation. Depp's legions of online fans have focused on their belief that Heard has been untruthful, and that that will determine the outcome.

But the case itself is a defamation claim. Depp sued Heard for libel — for $50 million — in Fairfax County Circuit Court over a December 2018 op-ed she wrote in The Washington Post describing herself as “a public figure representing domestic abuse.”

That article never even mentions Depp by name, but his lawyers say he was defamed nonetheless. Most of the article discusses public policy as it relates to domestic violence, and Heard's lawyers say she has a First Amendment right to weigh in.

In closing arguments, though, Depp lawyer Camille Vasquez argued that Heard's free-speech rights have limits.

“The First Amendment doesn't protect lies that hurt and defame people,” she said.

Depp's lawyers point to two passages in the article that they say clearly refer to Depp.

In the first passage, Heard writes that “two years ago, I became a public figure representing domestic abuse, and I felt the full force of our culture’s wrath.” Depp’s lawyers call it a clear reference to Depp, given that Heard publicly accused Depp of domestic violence in 2016 — two years before she wrote the article.

In a second passage, she states, “I had the rare vantage point of seeing, in real time, how institutions protect men accused of abuse.” (Depp's lawyers are also seeking damages over a headline that appeared above the online version of the article, even though Heard didn't write it.)

The jury, which has to come to a unanimous decision for a verdict, must decide whether those passages in the Post are defamatory. And the verdict form gives them step-by-step instructions on how to determine that.

Heard's lawyers say they have presented a mountain of evidence that Heard was abused. But they say that even if the jury were somehow to believe that she was never abused even a single time, she should still prevail in the lawsuit.

That's because libel law spells out several factors that must be considered. First, the alleged defamatory statements have to be about the plaintiff. Heard's lawyers said the article is not about Depp at all. He's not mentioned, and they say the focus is on Heard's experience about the aftermath of speaking out. Those statements remain objectively true even if she wasn't in fact abused, her lawyers contend.

Depp's lawyers, though, say the two passages are clear references to Depp, given the publicity that surrounded their 2016 divorce proceedings.

In addition, because Depp is a public figure, Heard can only be found guilty of libel if the jury decides that Heard acted with “actual malice,” which requires clear and convincing evidence that she either knew what she was writing was false or that she acted with reckless disregard for the truth.

Heard lawyer J. Benjamin Rottenborn said during Friday's closing arguments that Heard carefully reviewed drafts of the article — the first draft was written not by her, but by the American Civil Liberties Union — with her lawyers to make sure that what was written passed legal muster. Rottenborn said that fact alone is sufficient proof that she didn't act with actual malice.

As for the abuse itself, Depp's lawyers tried to suggest to the jury that if they think Heard is lying or embellishing any of her abuse claims, that she can't be trusted and that all of her abuse claims must be dismissed as untrustworthy.

“You either believe all of it, or none of it,” Vasquez said. “Either she is a victim of ugly, horrible abuse, or she is a woman who is willing to say absolutely anything.”

In Heard’s closing, Rottenborn said the nitpicking over Heard’s evidence of abuse ignores the fact there’s overwhelming evidence on her behalf and sends a dangerous message to domestic-violence victims.

“If you didn’t take pictures, it didn’t happen,” Rottenborn said. “If you did take pictures, they’re fake. If you didn’t tell your friends, they’re lying. If you did tell your friends, they’re part of the hoax.”

And he rejected Vasquez’s suggestion that if the jury thinks Heard might be embellishing on a single act of abuse that they have to disregard everything she says. He said Depp’s libel claim must fail if Heard suffered even a single incident of abuse.

“They’re trying to trick you into thinking Amber has to be perfect to win,” Rottenborn said.



Pulp Is Back for ‘More,’ Their First Album in 24 Years. Even the Britpop Band Is Surprised 

Jarvis Cocker of the band Pulp performs at the Hollywood Palladium in Los Angeles on Sept. 18, 2024, (AP) 
Jarvis Cocker of the band Pulp performs at the Hollywood Palladium in Los Angeles on Sept. 18, 2024, (AP) 
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Pulp Is Back for ‘More,’ Their First Album in 24 Years. Even the Britpop Band Is Surprised 

Jarvis Cocker of the band Pulp performs at the Hollywood Palladium in Los Angeles on Sept. 18, 2024, (AP) 
Jarvis Cocker of the band Pulp performs at the Hollywood Palladium in Los Angeles on Sept. 18, 2024, (AP) 

Pulp has returned with a new album, their first in 24 years. Who could’ve predicted that?

Not even the band, it turns out. “It took us by surprise as well,” dynamic frontman Jarvis Cocker told The Associated Press. “Why not?”

If there are casual Pulp fans, they don’t make themselves known. The ambitious Britpop-and-then-some band emerged in the late-'70s in Sheffield, England, artistic outsiders with a penchant for the glam, grim, and in the case of Cocker, the gawky. Fame alluded them until the mid-'90s, and then it rushed in with the trend of Cool Britannia.

Their songs varied wildly from their contemporaries, like the recently reunited Blur and soon-to-be back together Oasis. Instead, Pulp’s David Bowie-informed synth-pop arrived with humor, ambiguity and intellect — songs about class consciousness that manage to be groovy, glib, awkward and amorous all at once.

Then, and in the decades since, Pulp has inspired devotion from loyal fans across generations. They’ve charmed those lucky enough to catch band members in their heyday before a kind of careerism led to a hiatus in 2002 — and those who saw them for the first time during reunion tours in 2011 and 2022. With all that reputation on the line, it’s reassuring that the band has decided to give its audience “More,” their first new album in over two decades.

Give them ‘More’

There were a few catalysts for “More.” The first: “We could get along with each other still,” jokes drummer Nick Banks. “It wasn’t too painful.” The second: The band worked a new song into their recent reunion show run — “The Hymn of the North,” originally written for Simon Stephens’ 2019 play “Light Falls” — and people seemed to like it.

The third and most significant: The band’s bassist and core member Steve Mackey died in 2023.

“It made me realize that you don’t have endless amounts of time,” Cocker says. “You’ve still got an opportunity to create things, if you want to. Are you going to give it a go?”

And so, they did. Cocker assured his bandmates Banks, guitarist Mark Webber and keyboardist Candida Doyle that the recording process could be done quickly — in three weeks, lightspeed for a band that has infamously agonized over its latter records, like 1998’s “This Is Hardcore.”

Webber describes a “reticence to get involved in a yearslong process” that was alleviated when they started to work on new songs which came “quite easily.” That’s at least partially due to the fact that, for the first time in the history of the band, Cocker elected to “write the words in advance. ... It’s taken me until the age of 61 to realize it: If you write the words before you go into the studio, it makes it a much more pleasant experience.”

The 11 tracks that make up “More” are a combination of new and old songs written across Pulp’s career. The late Mackey has a writing credit on both the sultry, existential “Grown Ups” originally demoed around “This Is Hardcore,” and the edgy disco “Got to Have Love,” written around “the turn of the millennium,” as Cocker explains. “I did have words, but I found myself emotionally unable to sing them.”

“Without love you’re just making a fool of yourself,” he sings in the second verse. “I got nothing else to say about it.”

It makes sense, then, that the romantic song was held until “More,” when Cocker believed them — coincidentally, after he was married in June of last year.

A pop band reflects

Maturation — the literality of growing up on “Grown Ups” — is a prevalent theme on “More,” delivered with age-appropriate insight. “I was always told at school that I had an immature attitude. I just didn’t see any point in growing up, really. It seemed like all the fun was had by people when they were younger,” said Cocker.

“But, as I said on the back of the ‘This Is Hardcore’ album, it’s OK to grow up, as long as you don’t grow old. And I still agree with that, I think. Growing old is losing interest in the world and deciding that you’re not gonna change. You’ve done your bit and that’s it. That doesn’t interest me.”

“You have to retain an interest in the world and that keeps you alive,” he adds. “So, you grow up. And hopefully you live better, and you treat other people better. But you don’t grow old.”

In addition to “More,” 2025 marks the 30th anniversary of the song that defines their career, “Common People.”

“That one, we’ve never really fallen out of love with,” says Webber.

“Because of the way it affects people, really, you can’t fall out of love with it,” adds Cocker.

“More,” produced by James Ford (Arctic Monkeys, Fontaines D.C.), arrives Friday. The band will immediately embark on a UK and North American tour. Then, who knows? Is this the beginning of a new, active era for the band?

“The next one is going to be called ‘Even More,’” Cocker jokes. “Nah, I don’t know. The album wasn’t conceived of as a tombstone. ... The jury is out.”

“It wouldn’t be good for it to end up feeling like you’re stuck on a treadmill,” Banks adds. “And at the moment, it’s still pretty exciting.”