Depp/Heard Libel Case

Blitz and clamor of glitz and glamor

On April 11, the greatly anticipated Libel case between ex-spouses Johnny Depp and Amber Heard began in a Fairfax County, Virginia, civil courtroom. If you're anything like Steph and me, you may be wondering what "libel" means? It's a legal term defined as defamation by written, printed, or broadcast words or pictures—in this case, an op-ed article written by Amber Heard, published in the Washington Post on December 18, 2018, is what Depp's legal team was proving to be defamatory.

Many wondered what the outcome of this legal battle would be, especially after Depp lost his libel case against The Sun in the United Kingdom back in July 2020. Worth noting that some key elements of distinction make a libel case in the UK different from the US, for instance, the verdict rendered by a jury and the inclusion of hearsay evidence, which is not grounds for evidence in this case.  

For the last six weeks, you would be hard-pressed to find anyone who hasn't caught wind of or swept up in the media storm. News coverage on the war in Ukraine and the pandemic were overshadowed by the blitz and barrage of clamor and intrigue surrounding the Depp/Heard libel case. It would prove to be a landmark case in the #MeToo era of Hollywood, covering two high profile celebrities and the whirlwind of chaos that was their marriage. We can't imagine just how gut-wrenching and triggering it would be to divulge private not-so-flattering moments, give painful testimony, and relive past trauma over again before a gallery of millions of people.

Social media has been buzzing nonstop about the case, mostly in opposition of Heard and support for Depp, with hashtags #AmberTurd and #JusticeForJohnnyDepp trending on multiple platforms. You can find countless parodies of parts of Amber's testimony on TikTok and viral videos of heated cross-examinations, reaction videos, and a particularly hilarious video of a witness giving his testimony in a car, which was a first for the presiding judge, Penney Azcarate. We've found ourselves keeping track of the proceedings through the Law & Crime Network, various youtube lawyers, behavioral/body language experts, and independent journalists. We found it odd that we couldn't find a single content creator on youtube that was pro-Heard. The loudest advocates for Heard came from legacy media pedaling the "believe all women" principle, paired with certain celebrities speaking up in her defense and thereby maintaining the narrative.

BELIEVE ALL WOMEN [with various lines of evidence]

Last time we checked, the foundation of the US legal system is the presumption of innocence, meaning everyone is presumed to be innocent until proven guilty. We should be more than a little skeptical of an individual, no matter the gender, who gives truthful testimony alleging this or that without proper evidence. To believe an abused person's story outright without properly deduced evidence, to the degree of ostracizing someone without due process, doesn't just lack sound wisdom—it's dangerously foolish and irresponsible. 

If someone is brave enough to come out with abuse allegations (sexual or domestic abuse, intimate partner violence, etc.), over and against the fears of retaliation or not being believed, we should definitely address their needs. It takes a lot of courage and wisdom to come out in a tactful manner, which we would add does not include writing a potentially defamatory op-ed article. If we were advising the abused, we would instruct them to file police reports, take photos/videos documenting the incidents, and ultimately take legal action. Unfortunately, the Depp/Heard saga started in the court of public opinion, entrenched in cancel culture. The needs of the abused are more than validating their story at face value––a story that will be subject to proper scrutiny in our justice system. We support the retention of measured skepticism for both parties, which means we should not sprint to defend or advocate for either the abused or the accused until the evidence can be substantiated thoroughly (in a court of law) so we avoid bringing bias into the situation. 

"One witness is not enough to convict anyone accused of any crime or offense they may have committed. A matter must be established by the testimony of two or three witnesses." Deuteronomy 19:15

Those familiar with the account of Potiphar's wife in the Old Testament will understand why the principle above is so important. This principle is echoed in the New Testament when Paul gave counsel to the church in Corinth, stating that two or three witnesses should prove every case [of immorality]. It's not to say that if there is only a single witness, that person is lying. It means that it gets increasingly challenging to corroborate a story consistently if two or three witnesses are lying.

THE VERDICT

Like most, we were eager to hear the verdict read aloud on the last Friday before Memorial Day weekend. Since this wasn't a criminal case, there won't be a simple guilty or not guilty verdict. The jury took more than adequate time to go through and answer a series of questions which also included awarding compensatory and punitive damages to the plaintiff (Depp) and/or awarding the defendant (Heard) on the libel countersuit––revolving around the Waldman statements.

The jury made a unanimous decision in favor of Depp and determined that Heard made statements that were false and damaging, and she acted with malice when writing her op-ed. He was awarded $15 million in damages from Heard, which the judge then reduced to $10.35 million to comply with state limits on punitive damages. Depp also must pay Heard $2 million in damages based on the Waldman statements.

Ironically the verdict came on World Narcissistic Abuse Awareness Day, a day formed to raise awareness about the effects and signs of narcissistic abuse. Narcissism goes much deeper than someone just being "full of themselves" - it's a destructive way of life in which a person is driven by such intense control and manipulation of others that they leave a trail of severely impacted people. People affected may have experienced isolation, emotional abuse, gaslighting, and other damaging effects that are not as easy to see as physical abuse. As put on the main site for WNAAD, "narcissistic abuse is the sum of many unseen injuries. It's an indiscernible assault on the spirit, identity, and psyche of the victim. The impact is cumulative, and its full effect isn't felt until the damage is extensive."

Following the verdict, Heard has released a statement to continue to defend her side of the story going as far as identifying this loss as a loss for all women. Her legal team has begun engaging in a smear campaign against the ruling. Whether you believe her allegations or not, the jury of her peers found a lack of evidence corroborating her testimony and overall defense against the libel suit.

This verdict has shed some light on the fact that men can also be on the receiving end of abuse, manipulation, and slander though they are quickly discounted when they speak out. Truth cannot be equated to a gender. It took six years for Depp to clear his name, and in doing so, he has illuminated that #MenToo can be victims.

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