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Callarogashark Media, good morning, I'm read Carter, and welcome back
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to celebrity Trials.
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December eighteenth, twenty eighteen, Amber Heard publishes an op ed
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in The Washington Post about surviving domestic violence. She never
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mentions Johnny Depp by name, but those six hundred and
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fifty words would cost Depp millions of dollars, destroy his
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most famous film franchise, and launch legal battles on two
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continents that would consume both their lives. This is the
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story of how careful words can be more dangerous than
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direct accusations, how one newspaper article triggered a global legal war,
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and how Johnny Depp learned that sometimes fighting for your
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reputation can destroy it more effectively than staying silent. Because
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in the age of Google and social media, you don't
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have to name someone to ruin them. You just have
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to make sure everyone knows exactly who you're talking about.
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Let me read you the key passage from Amber Herd's
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Washington Post op ed, because these are the words that
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triggered everything that followed. Then two years ago, I became
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a public figure representing domestic abuse, and I felt the
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full force of our culture's wrath for women who speak out.
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Notice what's brilliant about this sentence. It doesn't mention Johnny
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Depp anywhere, but anyone who had followed celebrity news knew
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exactly what she was referring to. Two years before. December
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twenty eighteen was twenty sixteen, the year she filed for
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divorce and made domestic violence allegations against her famous ex husband.
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The article was titled Amber Heard, I spoke up against
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sexual violence and faced our culture's wrath That has to change.
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It was published as part of the Post's coverage of
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domestic violence time to coincide with the American Civil Liberties
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Union's campaign on women's rights. Here's what made the op
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ed so long legally dangerous. Hurd managed to remind every
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one of her abuse allegations against Depp without technically violating
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their non disparagement agreement. She never named him, never repeated
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specific allegations, never directly accused him of anything new, but
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the implication was unmistakable. The reaction was swift and devastating.
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Within days, Disney announced that Johnny Depp would not be
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returning for the sixth Pirates of the Caribbean film. This
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wasn't just any movie role. Pirates was Depp's signature franchise,
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the series that had made him one of the highest
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paid actors in Hollywood. Captain Jack Sparrow was synonymous with
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Johnny Depp, and now Disney was cutting ties entirely. The
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financial impact was immediate and brutal. Depp's representatives claimed he
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was set to earn twenty two point five million dollars
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for the next Pirate's film, plus back end profits that
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could have doubled that amount in one stroke. The op
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ed had cost him what might have been a fifty
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million dollar pay day, but Disney he wasn't done. Warner
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Brothers also asked Depp to step down from his role
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as Gellert Grindelwald in the Fantastic Beasts franchise. Another major studio,
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another major franchise, another massive financial loss. Here's what's particularly
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ruthless about Hollywood's response. Neither Disney nor Warner Brothers waited
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for any legal determination about the truth of Herd's allegations.
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They didn't need a court to tell them that associating
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with someone labeled as a domestic abuser was bad for business.
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In the post Me Too era, the mere suggestion of
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abuse was enough to end careers. And here's where Depp
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made a decision that would define the rest of this saga.
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Instead of quietly accepting the career damage and moving on,
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he decided to fight back, not against Disney or Warner Brothers,
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who had actually cost him the money, against the woman
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who wrote an op ed that never mentioned his name.
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The legal strategy was risky, but potentially brilliant. If Depp
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could prove that Herd's op ed was defamatory, that it
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falsely implied he was a domestic abuser, and that she
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knew it was false when she wrote it, he could
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not only clear his name, but potentially recover massive damages.
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But there was one problem with this strategy. To win
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a defamation case, Depp would have to prove that he
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wasn't a domestic abuser, and amber Heard had evidence that
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suggested otherwise. Before Johnny Depp could sue Amber Heard in
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the United States, he had to deal with a more
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immediate threat to his reputation, The Sun newspaper in the
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United Kingdom. April twenty seventh, twenty eighteen, The Sun published
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an article by executive editor Dan Wooten with the headline
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gone potty? How can jk Rowling be genuinely happy casting
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wife beater Johnny Depp in the new Fantastic Beasts film?
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Wife beater? Two words that would define the next four
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years of Johnny Depp's life. The article was ostensibly about
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author J. K. Rowling's support for Depp's casting in the
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Harry Potters spinoff films, but it directly labeled Depp as
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someone who beats his wife. Unlike Herd's carefully worded off ed,
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this was a direct accusation that left no room for interpretation.
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Depp's decision to sue the Sun instead of waiting to
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sue Herd was strategically interesting. Newspapers are easier targets than
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individuals in some ways. They have deeper pockets and clearer
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editorial responsibility for what they publish, but they also have
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strong legal teams and the resources to mount vigorous defenses.
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The case went to trial in London in July twenty twenty,
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and it was everything you'd expect from a celebrity legal battle. Explosive, embarrassing,
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and utterly captivating. For sixteen days, the most intimate details
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of Depp and Herd's relationship were dissected in open court.
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We heard about drug binges, violent fights, and incidents that
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would make a marriage counselor weep. The British tabloids, with
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their typical restraint, covered every salacious detail. The son's defense
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was simple but devastating. They argued that calling Depp a
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wife beater was substantially true because he had in fact
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beaten his wife. To prove this, they presented evidence of
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fourteen separate incidents where heard alleged Depp had been physically
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violent toward her. The evidence included photographs of Herd with
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apparent injuries, text messages from depth describing violent fantasies, audio
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recordings of their fights, and testimony from friends and staff
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members who claim to have witnessed the aftermath of alleged abuse.
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But here's where the case gets really interesting. From a
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legal perspective. Depp wasn't just fighting the newspaper's characterization of
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him as a wife beater. He was essentially arguing that
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none of the alleged incidents had happened the way Herd
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described them, and that she had fabricated evidence to make
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him look guilty. This meant the trial became in effect
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a referendum on whether Johnny Depp had abused to Amber Heard.
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Every allegation, every photo, every recording was scrutinized by Judge
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Andrew Nicole, who had to determine what had actually happened
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behind closed doors during their marriage. The judge's decision, announced
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in November twenty twenty, was unequivocal and devastating for Depth.
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Judge Nickel ruled that the son's characterization of Depp as
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a wife beater was substantially true. He found that twelve
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of the fourteen alleged incidents of violence had been proven
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to the civil standard, meaning it was more likely than
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not that they had occurred. In his one hundred twenty
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nine page ruling, Judge Nicole systematically dismantled Depth's credibility and
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accepted Herd's account of their relationship. He wrote that he
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found Herd to be a credible witness, despite some inconsistencies
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in her testimony, while he found Depth's denials unconvincing. The
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judge specifically rejected Dep's claim that Heard had fabricated evidence,
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writing that her donation of her seven one million dollar
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divorce settlement to charity was hardly the act one would
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expect of a gold digger. The ruling was a complete
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legal victory for the Sun and a total humiliation for
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Johnny Depp. He had spent millions of dollars trying to
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clear his name and had instead received an official judicial
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determination that he was in fact a wife beater. But
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if you thought that would end Johnny Depp's legal war,
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you don't understand how wealthy, famous people handle public humiliation.
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Sometimes losing just makes them more determined to keep fighting back.
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In a moment, welcome back to celebrity trials, I'm Red Carter,
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and we're exploring how Johnny Depp's reputation destruction in the
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UK became the launching pad for an even bigger legal
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war in the United States. You might think that losing
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a libel case in Britain, where the laws traditionally favor plaintiffs,
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would discourage someone from pursuing similar litigation elsewhere. You would
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be wrong. In March twenty nineteen, just months after the
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Sun article was published, but before the UK trial had
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even begun, Johnny Depp filed a fifty million dollar defamation
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lawsuit against Amber heard in Fairfax County, Virginia. The choice
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of venue was strategic and telling. Depp could have sued
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in California, where both he and Herd lived. He could
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have sued in New York, where The Washington Post is based. Instead,
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he chose Virginia, a state with relatively weak anti slap
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protections and a legal environment more favorable to defamation plaintiffs.
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Anti slap laws that's strategic lawsuit against public participation are
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designed to quickly dismiss meritless lawsuits that are designed to
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silence speech on matters of public concern. California has strong
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anti slapp protections, Virginia's are much weaker. Guess where Johnny
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Depp decided to file his case, But the venue shopping
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was just the beginning of what would become a master
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class in aggressive legal strategy. Depp's Virginia lawsuit was much
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broader than his UK case against the Sun. Instead of
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just challenging whether he was a wife beater, he was
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arguing that Herd's entire narrative of domestic abuse was a
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fabrication designed to damage his career and reputation. The complaint
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painted Herd as a manipulative actress who had constructed an
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elaborate hoax to gain leverage in their divorce and later
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to advance her career as an advocate for domestic violence survivors.
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It alleged that she had staged photos, coached witnesses, and
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even inflicted injuries on herself to support false allegations. Most importantly,
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the Virginia case would be decided by a jury, not
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a judge, and there's a big difference between convincing a
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trained legal professional and convincing seven ordinary citizens who might
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be influenced by factors beyond just the evverace evidence. The
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case was also going to be live streamed, making it
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accessible to millions of viewers who could follow every moment
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of testimony. This wasn't just going to be a legal proceeding.
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It was going to be entertainment. But first, Depp had
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to get through his UK trial, and when Judge Nicole
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ruled against him in November twenty twenty, it created a
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massive problem for the Virginia case. How do you argue
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to an American jury that you're not a domestic abuser
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when a British judge has already ruled that you are.
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How do you convince people that your ex wife fabricated
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evidence when a court has already found her allegations credible.
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The answer, it turned out, was to completely change the battlefield.
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Instead of fighting about what had happened during the marriage,
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Depp's team would focus on what happened after it ended.
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Instead of relitigating every alleged incident of abuse, they would
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argue that Hurd had violated their settlement agreement and destroyed
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his career with false implications. Most importantly, they would use
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the tools of modern media manipulation to ensure that by
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the time the case went to trial, public opinion was
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firmly on Johnny Depp's side. You know what's fascinating about
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Dep's legal strategy. The UK case was actually the stronger
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case for him to win. British libel law traditionally favors plaintiffs.
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He was suing a newspaper with deep pockets rather than
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his ex wife with a personal grudge. The evidence would
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be evaluated by a professional judge rather than potentially starstruck jurors,
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and he lost decisively. So naturally, his response was to
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file an even more difficult case in a jurisdiction where
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the law favors defendants against a person rather than a corporation,
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to be decided by a jury that could be influenced
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by social media campaigns. It's either the kind of legal
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hail Mary that only unlimited resources can buy, or it's
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the most expensive midlife crisis in Hollywood history. But here's
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what Depp's team understood that herds didn't. By twenty twenty two.
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Winning in court wasn't the only way to win. If
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you could win the internet, if you could control the
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narrative on social media, if you could turn a legal
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proceeding into entertainment that people wanted to watch, you could
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rehabilitate your reputation even if the law wasn't on your side.
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The UK case had been decided by one judge who
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looked at the evidence and made a legal determination. The
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Virginia case would be decided by seven jurors who would
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be living in the same social media ecosystem as everyone else,
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and that ecosystem was about to be flooded with pro
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depth content. It was a brilliant strategy, assuming you don't
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care about little things like the integrity of the legal
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system or the precedent you're setting for. How powerful people
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can use the courts to destroy their accusers. And that
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brings us to the main event. April eleventh to June first,
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twenty twenty two, seven weeks that would captivate America, break
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the Internet, and prove that in the age of TikTok and,
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justice isn't about evidence. It's about who tells the better
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story to the jury that matters most all of us.
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Next time on Celebrity Trials, we'll explore how Johnny Depp
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and Amber Heard turned a Virginia courtroom into the most
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watched show on television, and how social media transformed a
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defamation trial into a cultural moment that redefined celebrity justice.
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I'm read Carter with Celebrity Trials. Remember you don't have
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to be famous going into a trial, but you will
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be when the verdict comes down, and sometimes that fame
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is worth more than any legal victory. Justice isn't always fast,
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but it's always riveting.