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.



Judge Dismisses Justin Baldoni’s $400M Lawsuit Against ‘It Ends With Us’ Costar Blake Lively

Justin Baldoni attends the 'It Ends With Us' premiere in New York City, US, August 6, 2024. (Reuters)
Justin Baldoni attends the 'It Ends With Us' premiere in New York City, US, August 6, 2024. (Reuters)
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Judge Dismisses Justin Baldoni’s $400M Lawsuit Against ‘It Ends With Us’ Costar Blake Lively

Justin Baldoni attends the 'It Ends With Us' premiere in New York City, US, August 6, 2024. (Reuters)
Justin Baldoni attends the 'It Ends With Us' premiere in New York City, US, August 6, 2024. (Reuters)

A judge on Monday dismissed the lawsuit that actor and director Justin Baldoni filed against his "It Ends With Us" costar Blake Lively after she sued him last year for sexual harassment and retaliation.

US District Court Judge Lewis Liman's decision is the latest development in the bitter legal battle surrounding the dark romantic film.

Baldoni and production company Wayfarer Studios countersued in January for $400 million, accusing Lively and her husband, "Deadpool" actor Ryan Reynolds, of defamation and extortion.

The New York judge ruled that Baldoni can’t sue Lively for defamation over claims she made in her legal claim, because allegations made in a lawsuit are exempt from libel claims. Liman also ruled that Baldoni's claims that Lively stole creative control of the film didn't count as extortion under California law.

The judge, however, said Baldoni could revise the lawsuit if he wanted to pursue different claims related to whether Lively breached or interfered with a contract. His legal team indicated it planned to do so.

"Ms. Lively and her team’s predictable declaration of victory is false," one of Baldoni's lawyers, Bryan Freedman, said in a statement. He said that Lively's claims that she was sexually harassed on the film set, and then subjected to a secret smear campaign intended to taint her reputation, were "no truer today than they were yesterday."

"It Ends With Us," an adaptation of Colleen Hoover’s bestselling 2016 novel that begins as a romance but takes a dark turn into domestic violence, was released in August, exceeding box office expectations with a $50 million debut. But the movie’s release was shrouded by speculation over discord between Lively and Baldoni.

The judge also dismissed Baldoni's defamation lawsuit against The New York Times, which had reported on Lively's sexual harassment allegations.

"Today’s opinion is a total victory and a complete vindication for Blake Lively, along with those that Justin Baldoni and the Wayfarer Parties dragged into their retaliatory lawsuit, including Ryan Reynolds, (publicist) Leslie Sloane and The New York Times," Lively's attorneys, Esra Hudson and Mike Gottlieb, said in a prepared statement.

The lawyers said they "look forward to the next round" of seeking attorneys’ fees, treble damages and punitive damages.

A spokesperson for The New York Times said they were "grateful to the court for seeing the lawsuit for what it was: a meritless attempt to stifle honest reporting."

"Our journalists went out and covered carefully and fairly a story of public importance, and the court recognized that the law is designed to protect just that sort of journalism," Charlie Stadtlander said in an emailed statement.

Lively appeared in the 2005 film "The Sisterhood of the Traveling Pants" and the TV series "Gossip Girl" from 2007 to 2012 before starring in films including "The Town" and "The Shallows."

Baldoni starred in the TV comedy "Jane the Virgin," directed the 2019 film "Five Feet Apart" and wrote the book "Man Enough."