While threats may become more common, defamation suits are primarily a tool of the rich and famous
Photo: KEVIN LAMARQUE/POOL/AFP via Getty Images In the week since Johnny Depp won his defamation case against Amber Heard, survivors have been calling lawyers, panicking about what this verdict means for them.
Heard and Depp have been locked in this legal battle for three years; now that Heard plans to appeal, it will drag on even longer. One expert estimated that he has spent over $5 million on legal fees, while she is reportedly “broke” and has been relying on her homeowners’ insurance to pay her attorneys. But even less prestigious lawyers typically charge hundreds of dollars an hour, which means going to trial could come with a price tag of more than $200,000.
While many legal experts were shocked that Heard’s op-ed wasn’t protected by the First Amendment — an argument that will certainly be made during her appeal case — Depp had another advantage over the typical defamation plaintiff: concrete claims of damage. The actor argued that the piece caused him to lose a role in Pirates of the Caribbean and subsequent movie gigs that would have earned him millions of dollars.
None of these obstacles to a defamation lawsuit invalidate the real panic and trepidation survivors feel in the aftermath of this verdict. It seems likely there will still be consequences in the courtroom, particularly for celebrity cases. Lisa Bloom, a civil-rights lawyer who has handled high-profile Me Too cases against Bill Cosby and Jeffrey Epstein, is now cautioning clients that, even without naming their powerful abuser, it can be legally dangerous to speak out.
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