When Hollywood star Johnny Depp’s defamation lawsuit against Amber Heard ended in his favor on Wednesday, some observers worried that the verdict could have a gruesome effect on the #MeToo movement.
On the surface, the circumstances surrounding this case seem to support these fears, raising the possibility that some victims may now be reluctant to talk about their experiences or distrust the courts as a means of justice.
But others said #MeToo, a global outpouring of anger over women’s abuse that has led to actions against many high-profile men in multiple industries, would continue to expose injustice and not be stopped by a court decision in a case that many saw as unique.
Depp sued Heard over a December 2018 Washington Post opinion piece in which he described being a victim of abuse. The Pirates of the Caribbean actor alleged that Heard tarnished his reputation and thwarted his career, although he never mentioned Depp’s name.
Heard eventually sued Depp, alleging that his lawyer, Adam Waldman, defamed her by describing her accusations as “deceptive”. After a six-week trial in Fairfax, Virginia, a seven-member jury awarded Depp more than $ 10 million in damages, finding the three statements he sued were defamatory. The jury also awarded Heard $ 2 million, finding that one of Waldman’s three statements cited in his lawsuit was defamatory.
As for #MeToo, the result of these proceedings, which were supposed to deal with the rights of freedom of expression of the first amendment, but which quickly became a referendum on the relationship between Depp and Heard , may not be as black and white.
Tarana Burke, founder of #MeToo, did not agree that the outcome of this trial should end the movement.
“The ‘me too’ movement is not dead, this system is dead,” Burke wrote on Twitter. “This is the same legal system that you have been relying on for justice and accountability for decades to no avail. When you get the verdict you want, ‘the movement works’; when you don’t, it’s dead.
“When Weinstein went to jail it was,‘ I’m winning too! ’When Cosby came home it was‘ What a blow, I’m losing too! ’Burke continued.
He also noted how #MeToo had helped many survivors show up. “Meanwhile, millions of people who have never been able to utter the words ‘it happened to me’ have released the shame that it was not theirs to take in the first place.
“This movement is very much alive,” Burke said.
Several lawyers told the Guardian that this trial was dramatically different from the overwhelming majority of proceedings involving abuse, which led them to believe it would not be a death knell for the movement.
“I hope people recognize this as different from many of the #MeToo situations we’ve seen, for example, like the Harvey Weinsteins of the world,” said Mitra Ahouraian, a Beverly Hills-based media lawyer. “It simply came to our notice then.
“These are two people who were in a toxic relationship that was horrible for each other and a jury decided that one of them was manipulating the situation,” Ahouraian said, making it clear that he was not taking sides. , but rather, describing the jury’s decision. decision.
“I don’t see it in a referendum on #MeToo in the long run,” said Winter Wheeler, a former referee and mediator who was a litigant. “I think a lot of people think he’s maybe not so aware of some of the evidence that came out.”
Johnny Depp and Amber Heard in 2015. “These are two people who were in a toxic relationship that was horrible for each other,” said one expert. Photo: Valérie Macon / AFP / Getty Images
Wheeler pointed out that jurors must assess the evidence in order to reach a verdict and make a decision based on facts, not just accept a narrative. “It was obvious to me that it was definitely not a situation where blind faith and belief in a supposed victim was the right path,” Wheeler said.
Wheeler did not think that this verdict would open the door to further defamation claims against the accusers. “In these cases of defamation, the truth is a complete defense,” Wheeler said. “Not many defamation lawsuits are being filed because they are quite impossible to prove; any small piece of information that can prove that this is possibly true is enough to get the defendant out of it.
“There’s not a big delay in these cases. No people are dying to present them,” Wheeler continued. “Lawyers don’t even like to introduce you because they’re very difficult to prove; I don’t think your average person has to worry.”
Carrie Goldberg, founder of the law firm of victims’ rights law firm CA Goldberg, PLLC, said a single trial could not determine the viability of #MeToo.
“Heard Depp’s trial, with his memes, led to online harassment and horse betting was a reminder of how cruel and inhuman our society remains. It will frighten some people who may see how ugly it can be. being the court battle with an ex-intimate partner, but there’s nothing typical of what we saw either, ”Goldberg said in an email.
“We need to be careful not to draw too many conclusions about #MeToo from the tough fight of the trial, as there are many other signs of progress: prosecuted criminals, protection orders granted, financial recoveries, development of school and labor policies, extension of statutes of prescription, “Goldberg also wrote.
But several lawyers were concerned that the verdict posed a potential problem for the #MeToo movement. Victims could see the social media attack on Heard (and the millions he has to pay Depp) and fear what might happen if they talk.
“I’m concerned it’s one more proof that #MeToo was an empty promise,” said Rebekah Sullivan, founder of the Washington DC District Family Law. “What we’ve seen in this time since #MeToo, since it became popular, has not had many consequences for the accused, and many consequences and many public consequences, in this case, for the people who have been accused. have made the allegations.
“What this shows is that Johnny Depp comes out fighting,” Sullivan said. “Someone pours you a cup of water and someone pours a pool of water at them, and I think it’s creepy for people who report domestic violence.”
The price to talk about abuse is already important, Sullivan said, and the trial shows that the legal and social ramifications may be higher than expected. “It scares people, and I think most people wouldn’t be willing to take any chances.”
Sarah Mancinelli, director of Ain & Bank, PC, was concerned about whether negative attention to Heard could have an impact on #MeToo.
“To me, the media attention, the public approach that was so positive for Johnny Depp and so negative for her, seemed like a backlash against #MeToo, and a kind of way of over-correcting.” , said Mancinelli. “I hope not, because I think it would be a very problematic effect.”