When Hollywood star Johnny Depp’s defamation lawsuit against Amber Heard ended in his favor on Wednesday, some observers worried the verdict could have a chilling effect on the #MeToo movement.
At first glance, the circumstances surrounding this case seem to support these fears, raising the prospect of some victims now hesitating to talk about their experiences or distrust the courts as a path to justice.
But others said #MeToo – a global outburst of anger over women’s violence that has led to action against many high-profile men in many industries – will continue to expose injustice and will not be stopped by a court ruling. which is very much seen as unique.
Depp is suing Hurd over a December 2018 Washington Post article describing her as a victim of violence. The Pirates of the Caribbean actor claims that Hurd tarnished his reputation and hampered his career, although she never mentioned Depp’s name.
Hurd eventually filed a lawsuit against Depp, alleging that his lawyer, Adam Waldman, had slandered her, describing her allegations as “fraud.” After a six-week trial in Fairfax, Virginia, a seven-member jury awarded Depp more than $ 10 million in damages, finding all three statements he sued to be defamatory. The jury also awarded Hurd $ 2 million, finding that one of Waldman’s three statements cited in her counter-investigation was defamatory.
As for #MeToo, the outcome of these procedures – which were supposed to address free speech rights for a first amendment, but quickly escalated into an ugly referendum on the Depp-Hurd relationship – may not be so black and white.
Tarana Burke, founder of #MeToo, disagreed that the outcome of this process would 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 all rely on for justice and accountability for decades without results. When you get the sentence you want, the “movement works” – when you don’t, it’s dead.
“When Weinstein went to jail, it was ‘I win too!’ When Cosby came home, it was ‘What a blow, I’m losing too!’ Burke continued.
She also pointed out how #MeToo has helped many survivors get out. “Meanwhile, millions of people who have never been able to utter the words ‘this has happened to me’ have released a shame that was not their number one priority.
“This movement is very ALIVE,” Burke said.
Several lawyers told the Guardian that the process was drastically different from the vast majority of abusive proceedings, which led them to believe it would not be a deadly bell for the movement.
“I hope people recognize this as different from many of the #MeToo situations we’ve seen, like Harvey Weinstein around the world,” said Mitra Ahurayan, a Beverly Hills-based media lawyer. “It simply came to our notice then.
“These are two people who were in a toxic relationship who were terrible to each other and the jury decided that one of them was manipulating the situation,” Ahurayan said, making it clear that she was not taking sides, but rather describing the jury’s opinion. . answer.
“I don’t see this in a long-term referendum on #MeToo,” said Winter Wheeler, a former arbitrator and mediator. “I think a lot of people who think they may not be so aware of some of the evidence that has come out.
Johnny Depp and Amber Heard in 2015. “These are two people who were in a toxic relationship that was terrible for each other,” said one expert. Photo: Valérie Macon / AFP / Getty Images
Wheeler pointed to the fact that jurors need to weigh the evidence to reach a verdict and make a decision based on facts, not just accept a story. “It was obvious to me that this was definitely not a situation where blind faith and believing in an alleged victim were the way to go,” Wheeler said.
Wheeler did not think the verdict would open the door to more defamation lawsuits against prosecutors. “In these defamation cases, the truth is complete protection,” Wheeler said. “You don’t see a lot of defamation lawsuits because it’s quite impossible to prove – any little information that can show that this is probably the truth is enough to get the defendant out of it.
“There is not much delay in these cases. There are no people who are dying to submit them, “Wheeler continued. “Lawyers don’t even like to file them because they’re so hard to prove – I don’t think the average person should worry about that.”
Carrie Goldberg, founder of CA Goldberg Victim Rights Law Firm, PLLC, said no process can determine the viability of #MeToo.
“The Hurd Depp trial, with its memes aimed at online harassment and horse betting, was a reminder of how rude and inhumane our society still remains. This will scare some people who may see how ugly a court battle with an ex-partner can be, but there is also nothing typical of what we saw, “Goldberg said in an email.
“We must be careful to draw too many conclusions about #MeToo from the difficult battle of the process, as there are so many other signs of progress – prosecuted violators, protection orders, financial recovery, development of workplace and school policies, extended prescription “Goldberg writes.
But several lawyers were worried that the verdict really posed a potential problem for the #MeToo movement. Victims can see the social media attack on Hurd – and the millions she has to pay Depp – and fear what might happen if they talk.
“I’m worried this is further evidence that #MeToo is an empty promise,” said Rebecca Sullivan, founder of the Washington-based District Family Law. “What we saw during this time after #MeToo since it became popular was not a lot of consequences for the people who were accused – and a lot of consequences and a lot of social consequences, in this case, for the people who made the accusations.
“This shows that Johnny Depp is going into battle,” Sullivan said. “Someone pours you a glass of water and someone pours them into a swimming pool with water, and I really think it’s chilling for people who are accused of domestic violence.
The cost of talking about abuse is already significant, Sullivan said, and the process shows that the legal and social consequences may be higher than expected. “It’s scary for people, and I don’t think most people would want to take risks.”
Sarah Mancinelli, director of Ain & Bank, PC, was concerned that negative attention to Hurd could affect #MeToo.
“For me, the media attention, the public focus, which was so positive for Johnny Depp and so negative for her, felt like a reaction to #MeToo and something like a way of potential overcorrection,” Mancinelli said. “I hope not, because I think that would be an extremely problematic effect.”
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