As all of you must have heard by now, Johnny Depp won his libel case against Amber Heard, and was awarded $10 million in compensatory damages plus $5 million in punitive damages (but Virginia law reduces the punitive award to $350,000). The jury also concluded that one statement by Depp's lawyer—acting as Depp's agent—about Amber Heard, was libelous, and awarded Heard $2 million in compensatory damages for that. (That statement is, "Quite simply this was an ambush, a hoax. They set Mr. Depp up by calling the cops but the first attempt didn't do the trick. The officers came to the penthouses, thoroughly searched and interviewed, and left after seeing no damage to face or property. So Amber and her friends spilled a little wine and roughed the place up, got their stories straight under the direction of a lawyer and publicist, and then placed a second call to 911.")
The jury found that Heard's statements were about Depp and were false; and it concluded that there was clear and convincing evidence that Heard knew the statements were false. (Likewise, they found that Depp's lawyer's statement was false and that there was clear and convincing evidence that he knew it was false.) This is a reminder that, while libel cases are often hard to win, they can indeed be won.
I've heard some remark that this would create a chilling effect even on accurate #MeToo allegations (as well as a chilling effect even on accurate #TheyLied counterallegations). And that's absolutely true. Even if you know someone beat you or groped you or raped you, you might reasonably worry that a jury won't believe you, and will indeed conclude that your statement is a lie. That might deter you from making even such true statements, and not just the false statements (which the law is supposed to deter).
