What does the Depp v. Heard verdict mean for the media? It’s hard to say. – Poynter
When Amber Heard published an op-ed in the Washington Post referring to herself as a public figure representing domestic abuse, Johnny Depp, her ex-husband, sued her for defamation. Not the Post.
That distinction is possibly one reason why Depp won his lawsuit, legal experts say.
Winning a defamation lawsuit in the United States is difficult, thanks to the actual malice standard established by the 1964 Supreme Court ruling in New York Times Co. v. Sullivan. To win a defamation case against a public figure, a plaintiff must prove that the defendant knowingly published a false statement or that they published a false statement with reckless disregard of the truth.
Depp had previously lost a libel suit brought in England against the News Group Newspapers, when a judge found that a 2018 article by The Sun that called Depp a wife beater was not defamatory. Though it is generally easier to win a defamation lawsuit in England than in the U.S., the judge in that case found 12 instances out of 14 in which Depp had allegedly assaulted Heard to be substantially true.
Yet on June 1, a jury of five men and two women found that Heard had defamed Depp on three counts based on her op-ed in The Washington Post, awarding Depp $10.35 million in damages. (They also found that Depps former lawyer Adam Waldman had defamed Heard when he called Heards allegations of abuse a hoax and awarded her $2 million in damages.)
My initial reaction was, This is why you dont want to be in front of a jury litigating a defamation case many times, said Roy Gutterman, director of the Newhouse Schools Tully Center for Free Speech at Syracuse University. I disagree with the verdict in many ways because Im not sure it follows the letter of defamation law entirely.
Gutterman, who followed the trial closely and is an expert in communications law and the First Amendment, said he wasnt sure the evidence presented had established falsity or that Depp had suffered any reputational damage linked directly to the op-ed. Other legal experts also said they were surprised the jury found that Heard had met the actual malice standard.
Generally speaking, most public figure plaintiffs lose when they are suing for defamation because it is almost impossible to prove or to convince in clarity the presence of actual malice, said Kyu Ho Youm, a media law expert who serves as the Jonathan Marshall First Amendment Chair at the University of Oregon School of Journalism and Communication.
Several experts attributed Depps win to the fact that the trial was decided by a jury, not a judge. Juries can be a little less dispassionate, said media attorney Leslie Machado, and may be swayed by what they see in court, whereas a judge may focus more on the facts and the law. Though jurors were instructed not to read about the case, they were not sequestered, and some experts have pointed out that jurors may have inadvertently been exposed to one of the countless memes about the trial on social media.
Washington and Lee University journalism professor Toni Locy, who has spent 25 years covering courts, said that it seemed to her that the jury just liked Depp better: (Heard) wound up with the short end of the stick there because of the sexism in our society, and he got the benefit of the doubt.
If The Washington Post had been the defendant, the trial may have ended differently, experts said. The lawsuit would have come across as an attack on the freedom of the press a freedom enshrined in the First Amendment and other media outlets likely would have come to the Posts defense. It would also be more difficult to convince a jury that a media company had acted recklessly since reputable news organizations do not knowingly print falsehoods.
Strategically, it was pretty smart of Depp not to sue The Washington Post, Gutterman said. If The Washington Post was the defendant, this would have been a First Amendment, free press issue, as opposed to this private domestic dispute between two warring former spouses.
Because the lawsuit was between two private individuals, theres not much media organizations need to be concerned about, said Joel Kaplan, who teaches media law and is the associate dean of Newhouse School at Syracuse Universitys office of graduate programs. At most, the verdict may indicate that libel has now become the weapon of choice for public figures. Kaplan said it remains difficult to prove that media publications have demonstrated actual malice pointing to the recent verdict in Sarah Palins defamation lawsuit against The New York Times. In that case, both the judge and the jury ruled in the Times favor.
Locy agreed, saying that while she does not think the case necessarily has implications for journalists, it does have implications for how seriously women who are victims of domestic violence are taken by the public.
If there is a danger, it is that people who behave badly and get called out for it may feel emboldened to try to enlist a jury to vindicate themselves (and) to engage in revisionist history of their lives and sort of embellish or polish or clean up their reputation, Locy said.
The case does not set any legal precedents, which can only be set by appellate courts. But some experts said the case may serve as a blueprint for other people who have been accused of misconduct. Depps friend, musician Marilyn Manson, has already sued actor Evan Rachel Wood for defamation based on comments she had made alleging that he repeatedly and violently abused her while they were dating.
Advocates for victims of domestic abuse and sexual violence have warned that the Depp v. Heard trial could make them more hesitant to talk about their experiences. That chilling effect could also extend to victims willingness to serve as sources for journalists, Gutterman said. One psychologist told Rolling Stone that she has already heard from hundreds of survivors wanting to withdraw from court cases or retract statements they had made to the press.
People may not only feel comfortable suing their accusers, but also media outlets in which those accusations appear.
In this country, there are large segments that think that the press is biased, that the press doesnt do a good job, Machado said. I wonder if going forward, you will have people saying, Im willing to take on the media.
Kyle Rittenhouse, who shot and killed two men and injured a third at a protest in Kenosha, Wisconsin, in 2020, has already tweeted that the Depp v. Heard trial is fueling him. Earlier this year, he set up an initiative called The Media Accountability Project to fundraise money to hold the worst offenders in our activist media accountable in court, according to the projects website.
Problems could arise if a future defamation suit against a media organization rises through the courts and appears before the Supreme Court, Youm said. At that point, the court would have a chance to review the actual malice standard set in New York Times Co. v. Sullivan.
Supreme Court Justices Clarence Thomas and Neil Gorsuch have already said the court should revisit that case. In a 2021 dissent, Thomas wrote, The lack of historical support for this Courts actual malice requirement is reason enough to take a second look at the Courts doctrine. Our reconsideration is all the more needed because of the doctrines real-world effects.
In some ways, the Depp v. Heard defamation case was not about uncovering the truth, but rather a grudge match, said Youm, who plans to mention the case in a future edition of his textbook for journalism students, Communication and the Law. Over the past several weeks, the trial has evolved into a public spectacle, one that has seen numerous attacks on Heard and her credibility. Though it doesnt set precedent, the case is notable in showing that the actual malice standard can be overcome, Youm said.
From a First Amendment perspective, the jury verdict and this particular defamation case illustrate a very troubling and disturbing development in which the defendant-friendly Sullivan rule I am talking about the actual malice rule is now not necessarily as unassailable as it was in the past, Youm said.
Last week, Heards lawyer Elaine Charlson Bredehoft said they plan to appeal the verdict. Depps lawyer Benjamin Chew indicated on Thursday that Depp may waive the damages if Heard drops her appeal. If Heard does appeal, experts are split on her chances of success. Though Kaplan said he expected the decision to be overturned on appeal, he acknowledged that Heard may face difficulty since this was a private defamation case. Locy pointed out that courts in Virginia, where the lawsuit was filed, can be more conservative and may be sympathetic to Depp.
Its tough to make a prediction. If I was making a prediction eight weeks ago, I would have said that theres no way Johnny Depp is going to win at trial, Gutterman said. I think there are certain elements under the First Amendment and certain elements under the body of defamation law that could be strong for Amber Heards appeal, but well see how they frame it.
Go here to see the original:
What does the Depp v. Heard verdict mean for the media? It's hard to say. - Poynter
- Perspective: When First Amendment rights collide with immigration enforcement - Deseret News - January 20th, 2026 [January 20th, 2026]
- Walking Brain Injury: Conservatives Mock Don Lemon for Claiming First Amendment Right to Storm Church - Mediaite - January 20th, 2026 [January 20th, 2026]
- LETTER FROM THE EDITOR: Using First Amendment rights responsibly... - Columbia Basin Herald - January 20th, 2026 [January 20th, 2026]
- ICE clashes with the First Amendment | Strictly Legal - Cincinnati Enquirer - January 20th, 2026 [January 20th, 2026]
- Ex-NAACP Leader Jim Vincent to Headline Inaugural Bankole Thompson First Amendment Lecture - FrontPageAfrica - January 20th, 2026 [January 20th, 2026]
- Sarasota mayor accused of violating First Amendment by cutting off speakers - yoursun.com - January 20th, 2026 [January 20th, 2026]
- VICTORY: Jury finds Tennessee high school students suspension for sharing memes violated the First Amendment - FIRE | Foundation for Individual Rights... - January 16th, 2026 [January 16th, 2026]
- Opinion | The Post and the First Amendment - The Washington Post - January 16th, 2026 [January 16th, 2026]
- So Much for Free Speech. A Year of Trumps Attacks on the First Amendment - Zeteo | Substack - January 16th, 2026 [January 16th, 2026]
- Houlahan and Bicameral Group Of Democrats Introduce Bill To Protect First Amendment Rights, Safeguard Americans From Politically Motivated Harassment... - January 16th, 2026 [January 16th, 2026]
- Sarasota mayor accused of violating First Amendment by cutting off speakers - Suncoast Searchlight - January 16th, 2026 [January 16th, 2026]
- ACLU and City of Rose Bud reach settlement protecting First Amendment right to petition - thv11.com - January 16th, 2026 [January 16th, 2026]
- First Amendment cases are rising. FSU Law is rising to the occasion - FSView & Florida Flambeau - January 16th, 2026 [January 16th, 2026]
- Press Freedom Advocates Worry That Raid on Washington Post Journalists Home Will Chill Reporting - First Amendment Watch - January 16th, 2026 [January 16th, 2026]
- Guest Column First Amendment and what it means to teen-agers - Pierce County Journal - January 16th, 2026 [January 16th, 2026]
- Democrats Say Trump Administration Is Investigating Them Over Video Message to Troops - First Amendment Watch - January 16th, 2026 [January 16th, 2026]
- Coshocton Schools accused of violating First Amendment after teacher leads prayer - NBC4 WCMH-TV - January 16th, 2026 [January 16th, 2026]
- His SC hometown blocked him on Facebook after critical comment. He filed a First Amendment lawsuit. - Post and Courier - January 16th, 2026 [January 16th, 2026]
- Letters: Americans should not face death for exercising their First Amendment rights - Reporter-Herald - January 16th, 2026 [January 16th, 2026]
- Federal judge rules Creston teacher's first amendment rights were violated - KMAland.com - January 16th, 2026 [January 16th, 2026]
- Press Release: Murphy and Crow Introduce Bill to Safeguard First Amendment Rights and Combat Politically Motivated Harassment - Quiver Quantitative - January 16th, 2026 [January 16th, 2026]
- New Yorks Anti-SLAPP Act: An Unnecessary Chill on the First Amendment Right to Petition - Law.com - January 14th, 2026 [January 14th, 2026]
- Minnesota and the Twin Cities Sue the Federal Government To Stop the Immigration Crackdown - First Amendment Watch - January 14th, 2026 [January 14th, 2026]
- Man Convicted for Carrying Pelosis Podium During US Capitol Riot Seeks Florida County Office - First Amendment Watch - January 14th, 2026 [January 14th, 2026]
- 'At issue is the public right of access': First Amendment group savages Mar-a-Lago judge for 'incorrect' ruling over Jack Smith report, urges appeals... - January 11th, 2026 [January 11th, 2026]
- NYS AG: "Most extensive" First Amendment reforms ever approved in Saratoga Springs - WRGB - January 9th, 2026 [January 9th, 2026]
- Opinion | Jack Smith would have blown a hole in the First Amendment - The Washington Post - January 9th, 2026 [January 9th, 2026]
- Court rules University of Washington violated professors First Amendment rights - Campus Reform - January 9th, 2026 [January 9th, 2026]
- Law's Jonathan Entin and Eric Chaffee on first amendment rights and social media access for children - Case Western Reserve University - January 9th, 2026 [January 9th, 2026]
- Guest Column First Amendment and what it means to teen-agers - Milwaukee Community Journal - - January 9th, 2026 [January 9th, 2026]
- Voting rights, First Amendment issues expected to be battles in Pierre - SDPB - January 9th, 2026 [January 9th, 2026]
- Teachers First Amendment rights - theacorn.com - January 9th, 2026 [January 9th, 2026]
- OPINION: The First Amendment and peacefully protesting - Big Rapids Pioneer - January 9th, 2026 [January 9th, 2026]
- Appeals court reviews excluded texts and alleged First Amendment claim in Tucker medicalmalpractice appeal - Citizen Portal AI - January 9th, 2026 [January 9th, 2026]
- Sen. Mark Kelly vows to fight for First Amendment amid Pentagon threats - USA Today - January 9th, 2026 [January 9th, 2026]
- Musk's X is joining a First Amendment fight over trans bathroom photo - USA Today - December 31st, 2025 [December 31st, 2025]
- Filming ICE agents is a First Amendment right. So why might it land you in jail? - Straight Arrow News - December 31st, 2025 [December 31st, 2025]
- Liberties Year in Review: First Amendment victories - wng.org - December 31st, 2025 [December 31st, 2025]
- Trump Administration Will Appeal Judges Order Reversing Federal Funding Cuts at Harvard - First Amendment Watch - December 25th, 2025 [December 25th, 2025]
- Housing, tourism and the First Amendment: Nevada editors reflect on the news year that was 2025 - KNPR - December 25th, 2025 [December 25th, 2025]
- FCC fights First Amendment and democracy itself - mronline.org - December 25th, 2025 [December 25th, 2025]
- First Amendment Stories of 2025: A Year in Review - Freedom Forum - December 22nd, 2025 [December 22nd, 2025]
- Trump tests the First Amendment: A timeline - CNN - December 22nd, 2025 [December 22nd, 2025]
- Professor Sanctioned by University for a Satirical Land Acknowledgment Wins First Amendment Case on Appeal - The New York Sun - December 22nd, 2025 [December 22nd, 2025]
- Trump Sues the BBC: First Amendment Analysis - Freedom Forum - December 22nd, 2025 [December 22nd, 2025]
- Madisons Lost First Amendment: The Mission Statement that Never Was - Jurist.org - December 22nd, 2025 [December 22nd, 2025]
- Let them sue: Iowa lawmakers scoffed at First Amendment in wake of Charlie Kirk shooting, records show - FIRE | Foundation for Individual Rights and... - December 22nd, 2025 [December 22nd, 2025]
- Pastor alleges Tarrant County judge violated First Amendment by removing him from meeting - Fort Worth Report - December 22nd, 2025 [December 22nd, 2025]
- Yes, the First Amendment Applies to Non-Citizens Present in the United States - Reason Magazine - December 22nd, 2025 [December 22nd, 2025]
- Gingrich: Going After People Who Have Been Radicalized Requires Rethinking Parts Of The First Amendment - Real Clear Politics - December 16th, 2025 [December 16th, 2025]
- [VIDEO] Jane Fonda Revives the Committee for the First Amendment - ACLU of Southern California - December 16th, 2025 [December 16th, 2025]
- Does The First Amendment Protect Supposedly Addictive Algorithms? - Hoover Institution - December 16th, 2025 [December 16th, 2025]
- Stop the gatekeeping. The First Amendment is for all of us - Freedom of the Press Foundation - December 16th, 2025 [December 16th, 2025]
- Why 'online speech is messy' when it comes to the First Amendment - WUSF - December 16th, 2025 [December 16th, 2025]
- Puerto Rico Governor Signs Bill That Critics Say Will Restrict Access to Public Information - First Amendment Watch - December 16th, 2025 [December 16th, 2025]
- How a Gossip Blogger Became the Poster Child for First Amendment Rights | On the Media - WNYC Studios | Podcasts - December 12th, 2025 [December 12th, 2025]
- JD Vance floats First Amendment 'exception' to ban '6-7' - Fox News - December 12th, 2025 [December 12th, 2025]
- Free speech advocates rally to support FIREs defense of First Amendment protections for drag shows - FIRE | Foundation for Individual Rights and... - December 12th, 2025 [December 12th, 2025]
- Law's Andrew Geronimo discusses political websites and the first amendment - Case Western Reserve University - December 12th, 2025 [December 12th, 2025]
- Texas runs afoul of the First Amendment with new limits on faculty course materials - FIRE | Foundation for Individual Rights and Expression - December 12th, 2025 [December 12th, 2025]
- First Amendment expert weighs in on new University of Florida neutrality policy - WCJB - December 12th, 2025 [December 12th, 2025]
- Public libraries in TX, LA, and MS are no longer protected by the First Amendment. - Literary Hub - December 12th, 2025 [December 12th, 2025]
- Congressman Murphy introduces bills to fortify First Amendment rights on college campuses - WCTI - December 12th, 2025 [December 12th, 2025]
- Oregon lawsuit accuses Trump admin of chilling First Amendment rights during ICE protests - KOIN.com - December 12th, 2025 [December 12th, 2025]
- The Man Accused of Killing Charlie Kirk Appears in Court for 1st Time as a Judge Weighs Media Access - First Amendment Watch - December 12th, 2025 [December 12th, 2025]
- ICEBlock App Maker Sues Trump Administration Over Its Pressure on Apple To Remove App - First Amendment Watch - December 12th, 2025 [December 12th, 2025]
- Federal judge to hear arguments on motion in professor's First Amendment lawsuit against UT - WBIR - December 12th, 2025 [December 12th, 2025]
- Inside the First Amendment fight over how Los Angeles polices words - USA Today - November 30th, 2025 [November 30th, 2025]
- Brands, bands, trademarks and the First Amendment - The Global Legal Post - November 30th, 2025 [November 30th, 2025]
- First Amendment in flux: When free-speech protections came up against the Red Scare - Free Speech Center - November 30th, 2025 [November 30th, 2025]
- The Pentagon and the FBI are investigating 6 legislators for exercising their First Amendment rights - Reason Magazine - November 30th, 2025 [November 30th, 2025]
- Corporations Say Its Their First Amendment Right To Hide - The Lever - November 30th, 2025 [November 30th, 2025]
- Campus Crackdown on the First Amendment - Folio Weekly - November 30th, 2025 [November 30th, 2025]
- Lange: Annoying emails are not exempt from the First Amendment - WyomingNews.com - November 30th, 2025 [November 30th, 2025]
- From burgers to the First Amendment: Cozy Inn wins mural lawsuit - KAKE - November 20th, 2025 [November 20th, 2025]
- Salina violated First Amendment rights of Cozy Inn on mural issue - The Hutchinson News - November 20th, 2025 [November 20th, 2025]
- After Bobby George Threatened to Sue Online Critics, CWRU's First Amendment Clinic Stepped In - Cleveland Scene - November 20th, 2025 [November 20th, 2025]
- First Amendment in flux: When free speech protections came up against the Red Scare - The Conversation - November 20th, 2025 [November 20th, 2025]
- First Amendment litigator explains the dos and donts of student protest - The Dartmouth - November 20th, 2025 [November 20th, 2025]
- We should protect the First Amendment like we do the Second - Indiana Capital Chronicle - November 20th, 2025 [November 20th, 2025]