Johnny Depp’s Legal Victory Marks the End of the “Believe All Women” Era
“Johnny Depp may have won this case. But the real winners are those who want to live in a country where due process, and the truth, are more important than the gender of the accuser.”
News & Commentary
On Wednesday, in Fairfax County, Virginia, a jury ruled in favor of Johnny Depp in a defamation lawsuit against his ex-wife Amber Heard. Depp sued Heard for $50 million in damages. The jury found Amber Heard guilty of libel on all three counts. The jury also found that Heard acted with “actual malice.” The actual malice standard is an incredibly high bar for defamation cases involving public figures. The public figure must prove that the “defendant made the statements knowing that they were false or made with reckless disregard to their falsity.”
The jury awarded Depp $15 million in damages - $10 million in compensatory damages and $5 million in punitive damages. Depp was awarded damages based on a 2018 op-ed Amber Heard wrote for The Washington Post. Despite not mentioning Depp by name in the article, Heard clearly accused Depp of domestic abuse, which effectively ended Depp’s career as an actor. Depp will receive $10.35 million, not the entire $15 million, as Virginia law caps punitive damages at $350,000.
Amber Heard countersued Johnny Depp for $100 million. The jury ultimately awarded $2 million in compensatory damages to Heard. The jury determined that two of the three counts against Depp did not meet the standard for defamation. The jury found that one count did meet the standard for defamation – a statement by Johnny Depp’s attorney. The jury also found that the attorney acted with actual malice.
The ruling in Depp v. Heard marks the end of the “believe all women” era. Since the “Me Too” movement took off in 2017, women’s accusations of men have been taken as fact. No evidence required, no finding by our court system. Merely the woman’s word against the man’s was sufficient. Leftists argue that the only way for society to take a woman’s accusations seriously is to believe her automatically. That is an absurd contention. Society shows that it is taking a woman’s abuse claims seriously by having a legal system that thoroughly vets the claim and prosecutes the alleged perpetrator if there is sufficient evidence. Every woman’s claim of abuse or assault deserves to be investigated, just as all criminal accusations do. However, throwing out due process rights and automatically accepting the accusations of any accuser without evidence cuts directly against our Constitution.
Amber Heard seized on the “Me Too” movement by publishing the op-ed accusing Johnny Depp of sexual assault. In the recent past, men accused of sexual assault or domestic violence, without evidence, simply had to live with society’s wrath. Frivolous accusations ruin the lives and the careers of the accused. Due to the “believe all women” culture, the accused did not stand a chance to recover damages in a defamation lawsuit. Depp v. Heard marks a broader societal correction, where those who have had their name destroyed based on unsubstantiated claims can once again recover damages.
Johnny Depp may have won this case. But the real winners are those who want to live in a country where due process, and the truth, are more important than the gender of the accuser.
Garrett Gillespie graduated Magna Cum Laude from the University of Central Florida with a Bachelor of Arts degree in political science.
The Gillespie Report is a weekly news and conservative commentary column written by Garrett Gillespie. Subscribe to receive the newest edition each week for free.