The jury must also decide if Depp’s attorney made the statements with actual malice. Actual Malice: A True Crime Political Thriller Hardcover Octoby Breton Peace (Author), Gary Condit 92 ratings Kindle 11.99 Read with Our Free App Hardcover 14.99 38 Used from 2.29 27 New from 14.00 Actual Malice is a true crime thriller that will take you through the backrooms of political gamesmanship, deception, and cover-up. The jury verdict form asks the jury to decide if Depp’s former attorney, acting as an agent for Depp, made or published three statements that were about Heard, were false and were seen by someone other than Heard. The counterclaim has received less attention during the trial, but Heard’s lawyer told jurors it provides an avenue for the jury to compensate Heard for the abuse Depp inflicted on her by orchestrating a smear campaign after they split up. Heard filed a $100 million counterclaim against Depp after his former lawyer called her allegations a hoax. Heard’s lawyers told the jury Depp’s libel claim must fail if Heard suffered even a single incident of abuse. Because Depp is a public figure, Heard can only be found guilty of libel if the jury decides that she acted with “actual malice,” meaning that she either knew what she wrote was false or that she acted with reckless disregard for the truth.
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The jury verdict form gives jurors instructions on how to determine that, including by asking them whether the statements were about Depp, were false and had a defamatory implication about him. The seven-member jury must decide if two passages and the headline of the article are defamatory. They also maintain that Depp did in fact abuse Heard.ĭepp's lawyers urge judge to leave jury verdict intact Heard’s lawyers said most of the article focuses on public policy on domestic violence and that she had a First Amendment right to weigh in on that subject. In the article, Heard described herself as “a public figure representing domestic abuse.” Depp is not mentioned by name in the article, but his lawyers argued that it was clear she was referring to Depp, given that she had publicly accused him of domestic violence during their 2016 divorce proceedings. But what is the case really about? And what will the jury need to decide?:ĭepp filed a $50 million defamation suit against Heard, alleging that a 2018 op-ed she wrote in The Washington Post damaged his reputation and hurt his career.
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The trial has featured lurid testimony with explicit details about the movie stars’ short and volatile marriage. (AP) - After a six-week trial, a civil jury in Virginia is deliberating defamation claims by Johnny Depp and his ex-wife Amber Heard. In this way, the article makes a comparative analysis of the scope and the configurative elements of this foreign standard, according to the Ecuadorian legal framework.įreedom of speech reputation information of public interest public figures defamation actual malice civil liability.FAIRFAX, Va. Finally, based on these findings, it examines how the standard of actual malice will be applied in Ecuador, in perspective of Decision N° 282-13-JP/19, issued by the Constitutional Court of Ecuador. To do this, it examines the precedents of the United States Supreme Court to determine when the actual malice standard applies and how its configurative elements should be understood, and also outlines the main criticisms of the standard and the practical problems associated with its application. Sullivan case to identify its nature and purposes as a stringent scrutiny to protect the right of freedom of speech and the principle that debate on public issues should be uninhibited, robust and wide-open. This article analyzes the origin of the actual malice standard in the New York Times Co. The Constitutional Court ruled that persons involved in matters of public interest have at their disposal the mechanisms of reply and rectification to defend their reputation against the publication of information that they consider false, inaccurate or offensive and, only if these mechanisms prove to be insufficient, they may file a civil complaint for defamation to claim compensation if they satisfy the actual malice standard. This standard applies in cases of publication of false and defamatory statement of facts on issues of public interest. Sullivan case to analyze possible limitations to the right of freedom of speech. introduced the actual malice standard originated in the New York Times Co. Actual Malice? Deciphering a foreign standard of protection of the right to freedom of speech for its application in Ecuador.
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