💬 Discussion

The Depp-Heard Defamation Case Returns From Hiatus

Monday, May 16, 2022

Image: CNN

Johnny Depp’s $50 million defamation trial against ex-wife Amber Heard will resume later today after a one-week hiatus, with Heard set to retake the witness stand to face a third day of questioning from her lawyers, followed by cross-examination from Depp’s attorneys.

⚖️ Let's get caught up... Depp is suing Heard for defamation over a 2018 WaPo op-ed in which she claimed she was the victim of sexual and domestic violence, but didn’t mention Depp by name.

  • Depp and his lawyers have argued in court that the abuse accusations weren’t true and that they damaged his career and reputation; days after the op-ed was published, Disney removed Depp from his role as Captain Jack Sparrow in the Pirates of the Caribbean franchise.
  • Heard and her lawyers say the op-ed was 100% true, accusing Depp of assaulting her on more than a dozen occasions, many times while high on drugs. They’ve also denied allegations from Depp that Heard was abusive.

🇬🇧 Relevant context: Depp previously lost a 2020 libel case against UK tabloid The Sun, which published an article calling him a “wife beater” over his treatment of Heard. A British judge ruled it was more probable than not that the alleged assaults took place.

  • After the trial, Warner Bros. requested that Depp leave his role as Grindelwald in the Fantastic Beasts franchise.

📅 Looking ahead... Closing arguments are scheduled for May 27, after which the jury will deliberate before announcing a verdict; Heard has also filed a $100 million defamation countersuit against Depp over a 2018 GQ interview that appears likely to go to court later this year.

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From those in favor of Heard

  • Some commentators argue that the case is very messy, but there’s compelling evidence that Depp was abusive to her, and the overwhelming backlash against Heard shows the general public doesn’t handle ambiguities very well.
    • Others expressed dismay at the social media reaction to the trial, chalking much of it up to sexism and arguing that the trial’s subject matter – domestic violence – shouldn’t be made fodder for memes and selling t-shirts.

“If there’s one thing that’s clear in the Depp-Heard case, it’s that not that much is clear. This story is overwhelmingly messy and complicated.

There is compelling evidence that Depp acted violently towards Heard. In the UK trial, Heard submitted witness testimony; contemporaneous text messages, emails, and diary entries; and photographs of her bruises. Taken together, they demonstrated a clear pattern of abuse, most often when Depp was under the influence of drugs or alcohol. In order to fake them, Heard would have had to spend years plotting to besmirch Depp’s name. (He claims she did)...

The sheer volume of online support for Depp has become one of the biggest oddities of this case. On Reddit, Twitter, and TikTok, people are loudly declaring their support for Depp and their surety that Heard is a liar…

The culture has spent decades admiring Depp’s talent and beauty and charisma, and all of that admiration doesn’t just go away now. Depp’s fans have made a powerful emotional investment in him, and many of them are willing to leap on any little moment of ambiguity in this case as proof of Depp’s innocence. In a trial this messy, there are a lot of ambiguities.

In the end, perhaps that’s what’s most damning about the larger conversation around this trial: the inability to handle the ambiguities. Faced with a portrait of a relationship in which there’s compelling evidence of violence and toxic behavior on both sides, our culture seems unable to accept that we may simply be looking at a story without heroes. Instead, we demand a tidy narrative with a heroic redemption arc — and if the hero is a beloved, charismatic, and powerful white man, well, all the better.”

–Constance Grady, Vox

“The case should provide a sobering look at domestic violence and how it affects both men and women. Instead, the trial has turned into a circus of misogyny and delusion. I am an abuse survivor, and it’s particularly damaging to see social media pile-ons focused on a woman who didn’t even initially name her abuser. It reminds me that when women allege abuse, they’re often put through the wringer — famous or not.

Alongside the frightening level of sexism, there’s a jocular vibe surrounding this case that’s disturbing. These are two human beings talking about one of the darkest parts of their lives, and we’re treating it as entertainment…

We don’t know the truth in this situation. Both sides have made upsetting accusations. The problem is the reflexive assumption that Depp is being wronged, along with the gleeful way social media is harassing the woman who accused him of violence…

While it’s very possible that Depp and Heard both contributed to an abusive partnership, social media users don’t seem to want to consider this messiness. They seem to prefer the story about their pirate hero, the one who makes quips on the stand, the one who has entertained them for years and made their lives more enjoyable. Heard, a queer woman who spoke out about domestic violence, is a destroyer of their ideals: crazy and conniving. If Depp is Jack Sparrow, Heard is Amy Dunne from “Gone Girl” in the court of public opinion.”

–Patricia Grisafi, NBC News Think

From those in favor of Depp

  • Some commentators contend that Hollywood was too quick to take Heard’s side, and that Depp unfairly paid the price for claims of domestic violence that weren’t proven.
    • Others argue that Heard shouldn’t be trusted to tell the truth because, according to Depp’s lawyers, she’s been diagnosed with two psychological disorders that make her prone to lying.

“Johnny Depp lost everything — his wife, his family, his career. But his lawsuit in Virginia might see him claw back at least his reputation…

Heard, it turns out, was no helpless victim, but was oftentimes the aggressor in their heated, violent, marital spats. Perhaps Hollywood and the world were too quick to take Heard’s side and too quick to side-line Depp on allegations alone.

Women are subjected to an outsized measure of domestic violence, but that does not mean that abuse does not also go the other way. The revelations of this trial, and the continued realizations that many of the men who lost careers, livelihoods, and reputations at the hands of those screaming MeToo, could have a lasting impact on how America understands abuse.

Domestic abuse is serious and deadly, and those women who would use allegations of abuse, and the status that comes with their own victimization to boost themselves and their careers, are harming women and domestic abuse survivors.

Depp’s return to the silver screen would be a justifiable and welcome outcome from this trial, but the damage done to real, as opposed to imagined victims of abuse, could be that they are no longer believed with the same blind ferocity as they were during the “Believe all women” years…

Heard might be surprised how many believe him.”

–Libby Emmons, New York Post

“Yes, of course, allegations of abuse, be they sexual or otherwise, should be taken incredibly seriously. However, the reflexive call to “believe women” requires a complete suspension of critical thinking. Moreover, the call asks us to assume that the person accused, almost always a man, is guilty. It also asks us to assume, implicitly or otherwise, that all the accusers (usually women) are honest.

Which brings us back to Heard. There is reason to believe that she has been less than honest, and there’s reason to believe that she has lied about Depp.

According to a psychological expert hired by Depp’s legal team, Heard has two personality disorders, Histrionic Personality Disorder and Borderline Personality Disorder. Both disorders are intimately associated with manipulative behavior, including dishonesty. During their relationship, in an effort to cover up the bruises given to her by Depp (the actor has admitted to accidentally head-butting her in a drunken state), Heard, according to her attorneys, carried around a Milani All-In-One-Correcting Kit. This particular claim appears to be a blatant lie. The kit wasn’t released until long after the couple had separated

Now, let’s be clear, Johnny Depp is not a saint. But the actor has had his name dragged through the proverbial mud; he has been ridiculed and condemned… Depp has found himself lumped in the same category as despicable men like Harvey Weinstein and Bill Cosby. Once a leading Hollywood star, he is now a pariah, positively toxic. What happened to the old adage, innocent until proven guilty? It’s entirely possible that we have gotten this horribly wrong, and that Johnny Depp is in fact the victim.”

–John Mac Ghlionn, NY Daily News
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