Johnny Depp Proves Defamation Cases Have No True Winners

In 2018, iconic actor Johnny Depp was accused of spousal abuse by his now ex-wife Amber Heard in a Washinton Post op-ed. That year, he filed a 50-million-dollar lawsuit against her. Now, four years later, Depp is again suing Heard in a new case for defamation and claims that she was the abuser in the relationship. Specifically, Depp is claiming Heard’s violence would “begin with a slap, it [w]ould begin with a shove, it [w]ould begin with throwing a TV remote at my head, throwing a glass of wine in my face.” At the same time, Heard is claiming Depp has a history of “slapping and kicking” her, and his actions made “her fearful that he would kill her.”

In the four years since the initial accusation, Depp has lost prominent movie roles, like his role in the movie franchise Fantastic Beasts, and lost a libel case against a British newspaper that called him a “wife beater.” Depp even claims that he was blacklisted from Hollywood. While a judge did rule in a libel case that 12 of the 14 allegations of abuse levied against Depp are true, extreme controversy later ebroke out in the public at the validity of the ruling. Despite Depp’s vocal protests against the decision, a majority of the public trusted the ruling, and Depp was found guilty by the court of public opinion. From there, his career suffered. 

Now, in April 2022, Depp is deciding to fight the claims that he is an abuser and trying to save his reputation through a defamation trial. Regardless of the outcome of the trial, however, once the stain of “abuser” is tied to a person, it is hard to erase that reputation, especially for an actor that is so iconic in the industry, with roles ranging from Pirates of the Caribbean to Edward Scissorhands to Willy Wonka. Depp’s notoriety in the industry disappeared essentially overnight, and now he is fighting for his spot back but will most likely be treated as an abuser his entire career. It is Depp’s word against Heard’s, and in he-said-she-said situations like these, Depp’s and Heard’s names will always be tied to the affair. 

Depp and Heard’s situation exposes the no-win nature of defamation cases, regardless of innocence or guilt. Defamation cases have historically always been hard to win, but now, with the presence of social media, the increasingly short attention spans of the population, and the relatively short life of the news cycle, even a court ruling in favor of the defendant can be detrimental. Is winning a defamation case truly a win if the entire population still believes the accusations levied against the defendant? Unfortunately, there is no better alternative outside of filing a defamation case for people who are hurt by claims levied against them. However, Depp and Heard's situation is a reminder to let the court of law — and not emotions — rule, and that all parties, including Johnny Depp, are innocent until proven guilty. When the public waits for court rulings instead of forming quick judgements against the defendant in defamation cases, there is hope of a fairer process for defendants. Until then, however, the court of public opinion will punish defendants in defamation cases long before the court of law does.

Margo Smith

Margo Smith has written articles on constitutional law and criminal justice law for the Harvard Undergraduate Law Review. Before joining the HULR, she interned in Washington, D.C. for a political consulting and lobbying firm and worked at a trust and estate law firm. She is a first year studying history and economics.

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