Johnny Depp Loses Court Ruling Over Amber Heard Libel Defence Plan

25 Mar 2022 | 10: 23 am EDT
Depp sued Heard for libel in Virginia after The Washington Post published her opinion piece.
Johnny Depp’s ex-wife, Amber Heard, can argue to a jury that she should be protected from a libel lawsuit because her 2018 op-ed on domestic violence deals with a matter of public interest, a judge ruled Thursday. Depp sued Heard for libel in Virginia after The Washington Post published her opinion piece. Depp’s lawyers say the article falsely implies she was physically and sually abused by Depp when the actors were married.
At a Fairfax County courthouse on Thursday, Depp’s lawyers sought a ruling that Heard could not invoke a Virginia law in her defense designed to protect people from nuisance lawsuits when they speak about matters of public concern.
Depp’s lawyer, Benjamin Chew, said the law, known as an anti-SLAPP provision (Strategic Lawsuit Against Public Participation), is not designed to interfere with private disputes, like Depp’s contention that his ex-wife defamed him.
Heard’s lawyer, Elaine Bredehoft, argued the article in question does not even mention Depp by name, and that it addresses a very serious issue of public concern: preventing domestic violence.
Amber Heard has also filed a counterclaim for defamation against Johnny Depp because of statements Depp’s lawyer made about her.The ruling comes just weeks before a lengthy trial is scheduled to begin in Fairfax. Both Depp and Heard are scheduled to appear in court and testify, and numerous other Hollywood figures are listed as potential witnesses, either to appear in person or by video link.
During Thursday’s arguments, Depp’s lawyer said that one of the reasons they brought the case in Virginia is because the state’s anti-SLAPP law is not as broad as the one in California.
Amber Heard is also set to have her Pineapple Express costar and friend James Franco, actress Ellen Barkin, and Tesla CEO Elon Musk testify virtually as witnesses for her at the trial. Franco and Musk were brought into the case when Depp, 58, accused both of having an affair with Heard, 35. Both Franco and Musk are on Heard’s witness list. Previously, Heard said in court overseas that she once confided in Franco, 43, about bruises she sustained from an alleged fight with Depp. 
The Virginia lawsuit seeks $50 million in damages. While the December 2018 Post article never mentions Depp, Heard refers to herself as a “public figure representing domestic abuse.”
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