Justin M. Howard | January 6, 2021
A Virginia judge tossed two counterclaims by Amber Heard against Johnny Depp. Johnny Depp, star of the “Pirates of the Caribbean” film franchise, is suing ex-wife Amber Heard for defamation amounting to $100 million. The lawsuit centers around Heard’s testimony in her 2016 deposition to obtain a restraining order and an op-ed she wrote for The Washington Post. In her post and 2016 deposition she contended that she had been a victim of domestic violence.
Heard claims she has become the target of a smear campaign that has included “false and defamatory statements to reporters” repeatedly accusing her of being a liar and creating an abuse hoax. Heard’s argument for her op-ed is that it was a “matter of public concern” protected under the First Amendment of the U.S. Constitution. However, Judge Bruce White tossed Heard’s request to be declared immune (anti-SLAPP immunity) from civil liability from the op-ed she wrote. White also tossed out Heard’s claims under the Virginia Computer Crimes Act, in which she claimed Depp, launched a nationwide campaign to discredit her through social media.
Judge White wrote in his opinion letter: “The pleading fails to demonstrate that the social media accounts communicated obscene language, suggested obscene acts, or threatened illegal or immoral acts,” Instead, Depp’s text statements were sent, “privately, to two of his friends, and Ms. Heard has not alleged that Mr. Depp intended for her to see them.”
“Overall, this Court does not find any persuasive reason to hear Ms. Heard’s anti-SLAPP immunity argument twice, nor does it appear to be necessary to permit Ms. Heard’s claim to move forward in case Mr. Depp should choose to nonsuit. As such, this Court declines to exercise jurisdiction over Ms. Heard’s counterclaim for declaratory judgment. It is therefore dismissed.”
The Johnny Depp defamation lawsuit will continue in May.