After weeks of testimony in a Virginia courtroom, the much-watched defamation trial of Johnny Depp’s claim against Amber Heard is nearing its end. At the heart of the case is Depp’s contention that his reputation was damaged to the tune of $50 million by a 2018 Washington Post op-ed in which Heard described herself as a “public figure representing domestic abuse” — a characterization Depp insists is false. (Heard has filed a $100 million counterclaim.)
It’s impossible to predict what the jury will decide. Although Depp has evidently won the court of public opinion, in 2018, he lost a similar case in a London court after suing a British tabloid for referring to him as a “wife beater.” Whatever you think about the merits of Depp’s case against Heard — and regardless of where the jury lands — one thing is clear: Defamation lawsuits against accusers are here to stay.
Since 2017, the #MeToo movement has propelled a new kind of sexual misconduct accusation. More and more, we see accusations through informal reporting channels, which include social media and traditional media, rather than complaint to official personnel such as law enforcement, campus disciplinary authorities and human resource managers in workplaces. Survivors long disserved by formal institutions are turning away from systems that too readily dismiss them.
