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Depp Trial Exposes Risks to Media in Airing #MeToo Accusations

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

A number of attorneys mentioned they have 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, mentioned George Freeman, government director of the Media Regulation Useful resource Middle and a former lawyer for The New York Occasions, 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 typically no additional rationalization,” Mr. Freeman mentioned.

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 through 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 mentioned. “It appears form of inconsistent to present awards to each.”

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

In different related 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 — mentioned the truth that The Put up was not named as a celebration in Mr. Depp’s case most likely made his victory simpler.

Had The Put up been sued, the trial would most likely have been extra targeted on the methods defamation legal guidelines might be abused, mentioned RonNell Andersen Jones, a legislation professor on the College of Utah.

Supply: NY Times

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