Depp Trial Exposes Risks to Media in Airing #MeToo Accusations

Mr. Depp’s argument was that the case had nothing to do with the First Modification’s broad protections for speech. As an alternative, he insisted, it was concerning the credibility of the accuser. “The First Modification doesn’t defend lies that harm and defame folks,” Mr. Depp’s lawyer advised the jury because the trial got here to a detailed.

A number of attorneys stated they had been shocked by the end result, particularly as a result of Mr. Depp misplaced an identical case in Britain, which has a lot decrease authorized requirements for public figures who sue for defamation. A key distinction, stated George Freeman, govt director of the Media Regulation Useful resource Heart and a former lawyer for The New York Instances, was {that a} decide determined the matter in Britain whereas a jury sided with Mr. Depp in the USA.

“A jury decides what a jury decides, and there’s usually no additional clarification,” Mr. Freeman stated.

The end result was all of the extra curious, Mr. Freeman added, as a result of the jury additionally sided with Ms. Heard on one depend during which she claimed that Mr. Depp’s lawyer had defamed her by blaming her for damaging the couple’s penthouse.

“When one facet is fake, then the opposite is true,” Mr. Freeman stated. “It appears form of inconsistent to provide awards to each.”

One implication of the break up jury determination is that the regulation, due to its complexities, might not do what folks count on it to do: be an arbiter for the sorts of he stated/she stated disputes that come up from allegations like sexual assault.

In different comparable defamation circumstances, the writer has additionally been a part of the lawsuit. First Modification specialists who’re involved about the usage of defamation fits in an more and more polarized local weather — particularly towards information organizations — stated the truth that The Put up was not named as a celebration in Mr. Depp’s case in all probability made his victory simpler.

Had The Put up been sued, the trial would in all probability have been extra centered on the methods defamation legal guidelines might be abused, stated RonNell Andersen Jones, a regulation professor on the College of Utah.