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Johnny Depp, Amber Heard and the deeply unsatisfying matter of re-litigating their trial

The series was panned by critics

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Amber Heard (Screen capture/YouTube-Netflix)

On Aug. 16, Netflix released a three-part docuseries revisiting last summer’s televised civil litigation over allegations that Amber Heard had defamed ex-husband Johnny Depp by claiming to have survived sexual violence and domestic abuse during their four-year relationship.

Rather than offering anything new by way of insight or analysis from anyone with relevant qualifications or experience, each episode features clips from some of the online “creators” who turned their hot takes on the trial into a veritable cottage industry of amateur legal commentary and courtroom conspiracy theories, feeding the rapacious demand for anti-Heard and pro-Depp content. (As if to underscore the project’s unseriousness, these included a men’s rights YouTuber who wore a Deadpool mask and was surrounded by Spider-Man costumes.)

Worse still, “Depp v. Heard” director Emma Cooper fails not only to answer but also to even ask the obvious questions that have lingered since a verdict was returned more than 14 months ago by seven jurors in northern Virginia who were not sequestered as the case became, by far, the most popular topic on social media and online platforms.

At the same time, however, the episodes include footage of courtroom testimony that offer a glimpse, though incomplete, into some of the trial’s more salient and dispositive moments that I otherwise would never have seen (with neither the time nor the inclination, either last year or now, to follow 120+ hours of argument by the parties presented over the course of a seven-week trial.)

Do these scenes redeem the series? Hardly. But that does not mean they offer nothing of value, especially considering that while this was not the retelling of last summer’s events that we deserve, it remains the only one we’ve got. At least, for now.

Susan Sontag, in her 1977 collection of essays “On Photography,” proclaimed “The camera makes everyone a tourist in other people’s reality, and eventually in one’s own.”

In “Depp v. Heard,” the cameras facilitate a very specific kind of tourism that feels both exploitative and voyeuristic, because the reality in which we find ourselves trespassing is dark: the unraveling of a relationship between movie stars through patterns of dysfunction and abuse both familiar and alien, knowable and unknowable, like a city you have visited but never called home.

Especially when coupled with the more outrageous moments from trial that made headlines at the time – such as the debate over whether Heard defecated on Depp’s bed and blamed his teacup Yorkshire Terrier – there is a temptation to treat footage of testimony concerning the smashing of liquor bottles and hurling of wine glasses, the shoving and taunting and threats, even the physical and sexual violence, as though it were pure spectacle.

However, this would suggest, wrongly, that the painful realities of the actors’ relationship are so far removed from our lived experiences that we do not, cannot, or should not relate to them. As if a seven-week trial adjudicating the conflicts in our own intimate relationships or those involving the people we love would not turn up evidence of trouble and dysfunction, or worse.

Considering that we are primed to pick winners and losers and heroes and villains, perhaps it was unsurprising that incomplete and selectively edited footage from the case provided ample fodder for Instagram reels and TikTok videos that were created in the service of narratives that, most often, favored Depp and vilified Heard.

For me, witnessing these scenes in their proper context revealed a picture so much more complicated and, frankly, ugly that the prospect of framing the case in this manner seemed as preposterous as the idea that audiences leaving a production of “Who’s Afraid of Virginia Woolf” should find themselves allied with either Martha or George.

To take just one example: From the witness stand, Heard recounted how she would often return home to their shared Los Angeles penthouse to find Depp nodding off in a chair because he had washed Roxicodone down with whiskey, or lying supine on the sofa fully unconscious with melted ice cream pooled in his lap. Worried about her husband’s apparent substance use disorder and unsure how best to help, the actress admitted she would sometimes take photos of him and share the pictures with a trusted friend.

Or, Depp’s attorney asked, was she just trying to humiliate him? Or, online commentators asked (often rhetorically), was this a calculated and premeditated move to collect evidence she would use against Depp in litigation or for purposes of extorting him?

As if these motives are mutually exclusive.  

Having experienced the pain of watching loved ones spiraling in the throes of drug and alcohol addiction, I can tell you why I suspect Heard took the photos, but of course the reality is neither I nor anyone else – perhaps not even she – has any clue.  

Last year, so much of the online noise about the trial came from content creators who made specious arguments to poke holes in the credibility of Heard’s testimony or alleged ulterior, sinister hidden motives based on the actress’s countenance, demeanor, speech, and other behavior.

For example, in clips that were often selectively edited or presented outside of their proper context, Heard might have seemed to cry more hysterically upon realizing the cameras were trained on her, which were used as supposed proof that her claims of suffering abuse at the hands of her ex-husband must therefore be fabricated.

Watching the footage in the manner presented on screen in “Depp v. Heard,” it becomes even more obvious how silly these interpretations were. In reality, of course, no one – not even police officers, trial court judges, F.B.I. and C.I.A. agents, trial lawyers or forensic psychiatrists – can reliably spot when someone is lying to them.

However convincing some YouTuber may have been, and however comforting the idea that we are able to see through the lies of others, I’m sorry to tell you the research on this is overwhelming and uncontested.

As Malcolm Gladwell observes in “Talking to Strangers,” Amanda Knox was falsely convicted for a murder she did not commit because “much of the prosecution’s case…rested on the allegedly strange, guilty behavior she exhibited,” which “the public deemed not in line with typical responses to grief and trauma.”

The cameras did not tell the complete story.

Well before 2022, private details about Depp and Heard’s troubled relationship had spilled onto the pages of tabloids like The Sun, which called Depp a “wife beater” in a 2018 story alleging that “overwhelming evidence was filed to show Johnny Depp engaged in domestic violence against his wife.” After he sued the paper for defamation, London’s High Court of Justice ruled against the actor in 2020, concluding the claims at issue were “substantially true.”

Still, last summer’s litigation between the actors earned far more public attention and unearthed far more (and far more titillating) private information, causing, therefore, far more damage than the supermarket rags and gossip blogs – as well as, ironically, the financial and reputational damage resulting from the very defamation claims that were adjudicated at trial.

As a reminder, Depp sued his ex-wife for a 2018 opinion article in the Washington Post in which she had written, “two years ago, I became a public figure representing domestic abuse, and I felt the full force of our culture’s wrath for women who speak out.” Heard was referencing the backlash against, essentially, identical claims she made in a statement after securing a restraining order against Depp following their divorce in 2016. (“During the entirety of our relationship, Johnny has been verbally and physically abusive to me,” she wrote.)

In so many cases including this one, intimate partner abuse is messy. An audio recording of one of the couple’s arguments shows Heard acknowledging she had struck her ex-husband but denying that she punched him. Her testimony, meanwhile, detailed serious violent crimes, including that Depp had thrown her into a ping pong table and repeatedly hit her in the face before sexually assaulting her with a liquor bottle that may have been broken.

Of course, assuming their sworn testimony to be true, it must also be said, domestic violence is a gendered crime. And the imbalanced power dynamics within their relationship put Heard at a disadvantage, including in this respect. While both are famous actors, the wealth, power, and fame wielded by Depp was then (and remains, now) much greater.

The disparity was evident from the outset. In the Netflix series, throngs of fans are shown cheering the Pirates of the Caribbean star and booing Heard on the first day they were sighted arriving separately to the Fairfax County Circuit Court. Meanwhile, online, evidence of a sustained and coordinated character assassination of Heard had just begun to emerge.

The smear campaign would persist through the trial and beyond. The actress was called a manipulative liar, a gold digger, an abuser, a violent psychopath, a drug addict, and worse. Some of the most outrageous claims were among the most widely circulated: She snorted cocaine on the witness stand, killed her own mother to conceal testimony that would have exonerated Depp, plagiarized lines from the film The Talented Mr. Ripley.

Creators mocked Heard by lip-synching over audio of her testimony about suffering violent abuse in videos that went viral on TikTok along with hashtags like #JusticeForJohnnyDepp, which was seen nearly 3 billion times on the platform. (#justiceforamberheard earned just 25 million views.) One-sided articles and videos, many containing false and misleading claims, were promoted by Ben Shapiro’s conservative media outlet The Daily Wire through its estimated $35,000 and $47,000 purchase of Facebook and Instagram ads.

“Depp v. Heard” was panned by critics.

“If ever a true-crime documentary needed the usual collection of talking-head interviews with esteemed journalists, law enforcement veterans and legal experts to put things in perspective,” Richard Roeper of the Chicago Sun Times wrote, “this is it — but that never happens.”

Others, like CNN’s Brian Lowry, agreed: “How much is gained from listening to a guy in a Deadpool mask offering extensive trial takes is a question ‘Depp v. Heard’ should have contemplated and apparently didn’t,” he wrote.

Several reviews added that part of the problem was that not nearly enough time had elapsed between the events and their retelling. Bustle’s Scaachi Koul pointed to other recent projects involving the private lives of public figures (especially women) that, with sufficient space and distance, found new and interesting things to say about their subjects and opportunities to tell their stories anew.

Ryan White’s excellent documentary “Pamela: A Love Story,” which was released by Netflix in January, manages to find plenty of material about actress and model Pamela Anderson along with the broader sociocultural forces of the 90s and early aughts that helped shape – and were shaped by – the era’s most enduring sex symbol.  

The film would have been nothing, however, without Anderson. Listening to her tell her own story, one realizes how poorly suited everyone else was to the task – particularly the leering talk show hosts and journalists who treated her as nothing more than a sex object.

And maybe that, above all else, is the lesson to be gleaned from “Depp v. Heard”: Let’s come back to this story, sure, when we’re ready to cut through the bullshit, reframe the conversation away from the “him vs. her” framing, stop relying on provably unreliable evidence, and consider the broader context of their relationship and the impact of the trial that happened on TikTok and YouTube. And let’s definitely listen to Heard if and when she’s ready to talk about this again.

Until we get that docuseries (or documentary, scripted series, film, book, whatever), I fear everything else will be deeply unsatisfactory and unsatisfying.

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Commentary

He is 16 and sitting in a Cuban prison

Jonathan David Muir Burgos arrested after participating in anti-government protests

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Jonathan David Muir Burgos remains in a Cuban jail. (Graphic by Ignacio Estrada Cepero)

Jonathan David Muir Burgos is 16-years-old, and that fact alone should force the world to stop and pay attention. He is not an armed criminal, nor a violent extremist, nor someone accused of harming others. He is a Cuban teenager who ended up behind bars after joining recent protests in the city of Morón, in the province of Ciego de Ávila, demonstrations born out of exhaustion, desperation, and the growing collapse of daily life across the island.

Those protests did not emerge from privilege or political theater. They erupted after prolonged blackouts, food shortages, lack of drinking water, unbearable heat, and a level of public frustration that continues to deepen inside Cuba. People took to the streets because ordinary life itself has become increasingly unbearable. Families are surviving for hours and sometimes days without electricity. Parents struggle to find food. Entire communities live trapped between scarcity and silence.

Jonathan became part of that reality.

And today, he is sitting inside a Cuban prison.

The World Health Organization defines adolescence as the stage between approximately 10 and 19 years of age, a period marked by emotional, psychological, and physical development. That matters deeply here because Jonathan is not simply a “young protester.” He is a minor. A teenager still navigating the fragile years in which identity, emotional stability, and personal growth are being formed.

Yet the Cuban government chose to place him inside a high-security prison alongside adults.

There is something profoundly disturbing about a political system willing to expose a 16-year-old boy to the psychological brutality of prison life simply because he exercised the right to protest. A prison is never only walls and bars. It is fear, humiliation, emotional pressure, intimidation, and uncertainty. For a teenager surrounded by adult inmates, those dangers become even more alarming.

The situation becomes even more serious because Jonathan reportedly suffers from severe dyshidrosis and has previously experienced dangerous bacterial infections affecting his health. His condition requires proper medical care, hygiene, and adequate treatment, precisely the kind of stability that is difficult to guarantee inside the Cuban prison system.

Behind this story there is also a family living through a kind of pain impossible to fully describe.

Jonathan is the son of a Cuban evangelical pastor. Behind the headlines there is a mother wondering how her child is sleeping at night inside a prison cell. There is a father trying to hold onto faith while imagining the emotional and physical risks his teenage son may be facing behind bars. Faith does not erase fear. Faith does not prevent parents from trembling when their child is imprisoned.

And this is where another painful contradiction emerges.

While a Cuban pastor watches his son remain incarcerated, there are still political and religious voices outside Cuba romanticizing the Cuban regime from a safe distance. There are people who speak passionately about justice while remaining silent about political prisoners, repression, censorship, and now even the imprisonment of adolescents.

That silence matters.

Because silence protects systems that normalize abuse.

For too long, parts of the international community have spoken about Cuba through ideological nostalgia while refusing to confront the human cost paid by ordinary Cubans. The reality is not romantic. The reality is families surviving in darkness, young people fleeing the country in massive numbers, parents struggling to feed their children, and now a 16-year-old boy sitting inside a prison after joining a protest born from desperation.

No government has the moral right to destroy the emotional and psychological well-being of a teenager for exercising freedom of expression. No ideology should stand above human dignity. And no institution that claims to defend justice should remain indifferent while a child becomes a political prisoner.

Jonathan David Muir Burgos should not be in prison.

A 16-year-old boy should not have to pay for protest with his freedom. 

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Celebrate Pride in Lost River, a slice of rural heaven

West Virginia LGBTQ getaway hosts events June 12-14

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(Washington Blade photo by Michael Key)

“Country roads, take me home, to the place I belong, West Virginia …” Those immortal lyrics describe one of the best-kept secrets for LGBTQ Washingtonians: Lost River, W.Va.

Less than 2.5 hours from the D.C. metro area, Lost River, in Hardy County, W.Va., is a haven for LGBTQ Mountaineers and our nearby city neighbors. From queer-owned businesses and artwork to a vibrant community of LGBTQ residents, Lost River has been a destination for LGBTQ visitors seeking a mountain getaway for nearly 50 years. For some, our rural community has become home for those who want to trade city life for country living.

Because Lost River welcomes all, we celebrate Pride each year in our slice of heaven.

Lost River Pride Weekend will be held June 12–14, the weekend prior to Capital Pride. If you haven’t been, our Pride is a little different from the urban Pride events most people are used to. In Lost River, forget the multinational corporate sponsors. Instead, think about local talent, grassroots community organizations, and our version of patriotism on full display. Most of all, we welcome people from all walks of life to live authentically as themselves, regardless of where they come from, how they think, or how they love. We truly welcome everyone.

Coincidentally, Lost River Pride Weekend is being held on President Trump’s birthday weekend, including a variety of traffic-jamming events in the D.C. area and the upcoming fight on the White House lawn. Why not come visit Lost River for the day or the weekend (we have some wonderful places to stay) and get a taste of West Virginia living?

While our town has only about 500 people at any given time, we swell to over twice that during Pride weekend. Friday evening includes an intimate cabaret at the Inn at Lost River (whose general store is on the National Register of Historic Places). Our centerpiece, the Lost River Pride Festival, is hosted on Saturday at the local farmers market, followed by an afternoon drag pool performance and an evening performance by the world-renowned Tom Goss at the Guesthouse Lost River. Finally, we finish the weekend with a closing brunch at the Inn to reaffirm our Pride. In between events and throughout the weekend, visitors and locals indulge in local art, restaurants, and more.

We recognize that West Virginia isn’t always seen as welcoming to LGBTQ people. State law does not protect against discrimination based on sexual orientation or gender identity, and cultural stereotypes remain persistent. Additionally, trans girls are prohibited from participating in sports of their affirmed gender in schools. In a state considered one of the most conservative, it can be difficult to see progress.

However, our community exists to prove that progress is possible. In fact, due to the work of statewide groups such as Fairness WV, 21 municipalities have passed local ordinances prohibiting discrimination based on sexual orientation and gender identity, covering more than 13 percent of the West Virginian population. Last year, Lost River Pride sponsored the first-ever equal cash prize for the nonbinary category of the Lost River Classic, a local bike race held annually. There is hope in every corner of our community.

Recently, Lost River Pride was the only West Virginia contingent in the 2025 World Pride Parade, which was held during Capital Pride Weekend. I will always remember our rugged truck coming down 14th Street to a sea of diverse, friendly faces, while waving our state flag and hearing many voices singing “Country Roads” in every remix available (trust me, there are many).

Lost River Pride is one of only a handful of Pride organizations in West Virginia and one of the few structured as a nonprofit. We sponsor the only LGBTQ scholarship in Eastern West Virginia for a graduating senior from a local high school. Moreover, we provide monthly community programming and make frequent donations to local allied nonprofits, including the fire department, food pantry, and schools.

I encourage you to attend Lost River Pride Weekend, especially this year’s Lost River Pride Festival on Saturday, June 13, from 12-4 p.m., at the Lost River Farmers Market (1089 Mill Gap Road, Lost City, W.Va. 26810). Feel free to reach us at [email protected] or visit our website at lostriverpride.org for more information.


Tim Savoy is president of the board of directors of Lost River Pride.

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Protection should mean protection

Disbelief as court modifies protective order against Pasha

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(Photo by Sergei Gnatuk/Bigstock)

There is a particular kind of disbelief that Black queer women know intimately. It is not always explicit. It shows up in hesitation, in “both sides” framing, and in systems that require us to prove, again and again, that we are worthy of safety. 

We see that disbelief happening now with the temporary protection order (TPO) involving an individual, D. Pasha. He is accused of repeatedly harassing staff, board members, and volunteers at the Capital Pride Alliance, which led the organization to ask the court for protection. 

The Capital Pride Alliance did not seek this order lightly. They spent over a year documenting his harassment, and several witnesses gave almost two hours of testimony about a pattern of behavior that caused real fear. The organization also spent months working out how to legally protect its staff, volunteers, board, and contractors from this individual. 

At first, the Court agreed and issued a stay-away order that included CPA’s office and other locations, setting a clear boundary to protect staff, volunteers, and community members. 

But that protection did not last. 

After the order was issued, Pasha spoke with a reporter from the Washington Blade and learned that CPA shares office space with the DC LGBTQ Center. It is important to note that he didn’t know this detail before. He then sought an emergency hearing, claiming he needed access to “vital services” from the CPA and DC LGBTQ Center shared offices.  

The Court granted it, allowing access with a 24-hour notice to CPA. According to the Court, the modification was based on Mr. Pasha’s claim that denying him entry to the DC Center would prevent him from accessing essential support services provided there. Although CPA objected and highlighted the lack of recent service usage and the availability of alternatives, the Court determined that his stated need for services warranted an exception to the stay-away order. 

Let’s be clear about what this means. 

There is no record of him accessing services or being at the DC LGBTQ Center in over a year. Numerous organizations across DC provide the same services he cited: food, clothing, computers, Wi-Fi, without placing him in proximity to the people who testified against him. 

And yet, the Court modified the order to allow exactly that. 

Then it escalated. Following the modification, he sent more than 20 emails and text messages in attempts to gain access to our office space, triggering another emergency hearing. At that second emergency hearing, the court maintained its previous decision, allowing Mr. Pasha continued access to the location. 

This is not a technicality. This is a failure of real protection. 

The outcome was shaped not just in the courtroom, but in how it was presented afterward. 

Recent coverage centered the acceptance of a less restrictive order, while giving the person at the center of this case a platform to define the narrative in his own words. He was described as an LGBTQ activist, quoted at length, and presented with his name, voice, and image, including statements like “I am happy with what we have accomplished so far,” “even if I lose this case, I am glad that I spoke up,” and that “the truth will come out.” 

That framing does not exist in a vacuum. It omits important context about the pattern of conduct that led to this case, including the history and the events that followed the Court’s initial order. It also gives weight to claims about access to services that are not reflected in actual usage. 

At the same time, the hours of testimony describing a pattern of conduct that caused fear, serious alarm, and emotional distress are reduced to a small part of the story. The individuals who came forward are largely unnamed, unseen, and unheard. The record that was built in court is condensed, while his narrative is expanded. 

When one side is given visibility, voice, and narrative, and the other is reduced to summary, that is not balance. It is distortion. 

We also need to be honest about who is being asked to bear the consequences of that failure. 

Two Black queer women testified. They followed the process. They showed up, told the truth, and trusted the system to do what it is designed to do: protect them. 

Instead, the system created a pathway back to proximity, back to fear. 

That is not a neutral outcome. It is a choice about whose safety matters most and whose safety can be compromised. 

This is not an isolated incident. It reflects a broader pattern in how systems fail Black women, survivors, and LGBTQ+ people, especially at the intersections of those identities. 

According to the Human Rights Campaign, data shows that over 60% of bisexual women and more than 40% of lesbian women experience physical violence or stalking.  

Violence does not start with homicide. It starts with being dismissed, with being minimized, and with systems that do not act fairly or quickly when harm is reported. 

It starts when people question the credibility of Black queer women. 

When access is granted to those who cause fear, instead of protection being fully extended to those who experience it. 

And it continues when we treat these outcomes as unfortunate, rather than unacceptable. 

Capital Pride Alliance believes in access. We invest in it. We help sustain the very services being cited in this case. But access cannot come at the expense of safety, especially when alternatives exist, and risk is known. 

The question here is not complicated: what does protection actually mean, and who deserves it? 

If a court acknowledges harm but still allows proximity, is that protection? 

If Black queer women testify and are still placed within reach of the person they testified against, what message does that send? 

We cannot keep calling these systems fair if they keep putting the same people at risk. 

Courts need to think about safety in a broader sense, one that reflects real life rather than just following procedures. This means looking at not only direct threats, but also ongoing harassment, intimidation, and the real fear survivors feel when they must share space with someone who has harmed them. 

Real changes could include ensuring stay-away orders are enforced even in shared spaces, working with community groups to offer alternative ways to access services, and asking survivors about their safety needs before changing protection orders. Courts should also get training on the experiences of Black queer women and LGBTQ+ survivors, so their voices and realities are at the center of decisions. 

Our community needs to work toward real safety and protection. Because visibility without safety is not liberation. Protection that can be so easily undone is not protection at all. 

May 28 is LGBTQ+ Domestic Violence Awareness Day.  

#SeenAndBelieved is a call to action: recognize the harm, trust survivors, and create systems that truly protect them. 


June Crenshaw is COO of the Capital Pride Alliance.

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