Opinions
Johnny Depp, Amber Heard and the deeply unsatisfying matter of re-litigating their trial
The series was panned by critics
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.
Botswana
The rule of law, not the rule of religion
Bonolo Selelo and Tsholofelo Kumile are challenging the Botswana Marriage Act
Botswana was in a whole frenzy as religious and traditional fundamentalists kept mixing religion and constitutional law as if it were harmless. It is not. One is a private matter of belief between you and God, while the other is the framework that protects and governs us all. When these two systems get fused, the result is rarely justice. It results in discrimination.
The ongoing case brought by Bonolo Selelo and Tsholofelo Kumile challenging provisions of the Botswana Marriage Act has reignited a familiar debate in Botswana. Some commentators insist that marriage equality violates religious values and therefore should not be recognized by law. It is a predictable argument. It is also fundamentally incompatible with constitutional governance.
Botswana is not a Christian state. It is a constitutional democracy governed by the Constitution of Botswana. That distinction matters. In a constitutional democracy, laws are interpreted in accordance with constitutional principles such as equality, dignity, protection, inclusion and the rule of law, rather than the doctrinal beliefs of any particular religion.
Religion has no place in constitutional law and democracy
The central problem with religious arguments in constitutional disputes is simple in that they divide, they other, they contest equality and they are personal. Constitutional law by contrast, must apply equally to everyone.
Botswana’s Constitution guarantees fundamental rights and freedoms under Sections 3 and 15, including protection from discrimination and the right to equal protection of the law. These provisions are not conditional on religious approval. They exist precisely to protect minorities from the preferences or prejudices of the majority.
Legal experts, such as Anneke Meerkotter, in her policy brief in Defense of Constitutional Morality, point out that constitutional rights function as a safeguard against majoritarian morality. If rights depended on whether the majority approved of a minority’s identity or relationships, they would not be rights at all. They would merely be privileges.
This principle has already been affirmed in Botswana’s jurisprudence. In the landmark decision of Letsweletse Motshidiemang v Attorney General, the High Court held that criminalizing consensual same-sex relations violated constitutional protections of liberty, dignity, privacy, and equality. This judgment noted that constitutional interpretation must evolve with society and must be guided by human dignity and equality. The court emphasized that the Constitution protects all citizens, including those whose identities, expressions or relationships may be unpopular. That ruling was later upheld by the Court of Appeal of Botswana in 2021, reinforcing the principle that constitutional rights cannot be restricted on grounds of moral disapproval alone. These decisions were not theological pronouncements. They were legal determinations grounded in constitutional principles.
The danger of religious majoritarianism
When religion is used to justify legal restrictions, the result is what constitutional scholars call “majoritarian moralism.” It allows the dominant religious interpretation in society to dictate the rights of everyone else. That approach is fundamentally incompatible with constitutional democracy. Botswana is religiously diverse. While Christianity is the majority faith, there are also Muslims, Hindus, traditional spiritual communities, Sikh and people who practice no religion at all. If the law were to follow the doctrines of one religious group, which interpretation would it adopt? Christianity alone contains dozens of denominations with different views on love, equality, marriage, sexuality, and gender. The moment the state begins to legislate on the basis of religious doctrine, it implicitly privileges one belief system over others. That undermines both religious freedom and constitutional equality. Ironically, keeping religion separate from constitutional law is what protects religious freedom in the first place.
Judicial independence is the cornerstone of Botswana’s governance system
The current case involving Bonolo Selelo and Tsholofelo Kumile is before the judiciary, where it belongs. Courts exist to interpret the Constitution and determine whether legislation complies with constitutional rights. Political and religious lobbying, as well as public outrage, must not influence that process.
Judicial independence is the cornerstone of Botswana’s governance system. According to the International Commission of Jurists, judicial independence ensures that courts can make decisions based on law and evidence rather than political or social pressure.
When governments, political, religious, or traditional actors attempt to interfere in constitutional litigation, they weaken the rule of law. Botswana has historically prided itself on having one of the most stable constitutional systems in Africa. The judiciary has played a critical role in safeguarding rights and maintaining legal certainty. The decriminalization case demonstrated this. Despite strong public debate and political sensitivity, the courts assessed the law according to constitutional principles rather than moral panic. The same standard must apply in the current marriage equality case.
This article was first published in the Botswana Gazette, Midweek Sun, and Botswana Guardian newspapers and has been edited for the Washington Blade.
Bradley Fortuin is a consultant at the Southern Africa Litigation Center and a social justice activist.
My strawberry muumuu was about the ugliest thing I could have picked for our muumuu-themed movie night.
Really, it’s just an excuse to cross-dress while the sun’s still up; these themed movie nights are concocted by a teammate of mine on the Washington Scandals, D.C.’s LGBT and mens-plus rugby club.
The team is hosting an informational event on Saturday, March 21st, for those interested in testing the waters on inclusive rugby. We have a lot of fun with a lot of balls, and then we head out for a drink at Kiki.
Events like these Rugby “101s” are a blast because the joys of queer camaraderie are on full display – no experience is necessary. If you’re interested in learning more, check out our socials for more info in our bio. Back to the muumuu night, because someone will make a good point that bears repeating.
After settling in with some pizza and homemade cream puffs, I asked my friend and teammate, Theo, on my left, what it’s been like in a rugby club.
“Flooded with love,” he told me, him wearing a thin-striped but soft cotton muumuu. Theo often prioritizes comfort in clothing, always dressed for the weather. Eyes as soft and fuzzy as a warm bunny, he recounted his journey here to LGBT rugby as the life of the party shifted from food to entertainment.
Theo and I both prefer the quiet to the crowd, which is odd, given our shared passion for rugby — famously loud, infamously tough on the body.
The details are irrelevant, here; it’s Theo’s passion that caught my eye. Passion, I thought; it wasn’t particularly familiar to me, especially in sport. Profession, yes, but social pursuits? Passion seemed so foreign to me there.
That’s because it’s nurtured through culture, not inherited as a personality trait. This is a familiar place for much of D.C.’s LGBT culture and community; ‘chosen’ or ‘found’ family is the common phrase, but this is too simplistic, is it not? It makes it sound like you washed ashore and stumbled effortlessly into family. It’s not like that, not in real life.
It’s work and work requires passion to keep showing up.
Adult friendships are hard, Mary. It’s not light and airy, like when we were kids. It’s hard enough in adulthood, and to carve a space out for men’s-plus LGBT rugby in a city literally built on compromise is an act of defiance in itself.
Taking a chance on LGBT rugby is not for the casual observer – it’s a tough sport (but safer than football) with some big personalities. But as Theo pointed out, when I asked him about the magnetic draw between the LGBT community and rugby, that all body types are welcome in the sport; anyone can imagine themselves wearing a jersey and still fit in.
If you are to take anything from this, dear reader, it’s that when you show up for rugby, you belong.
The team’s hosting an informational Rugby 101 on Saturday, March 21, at Harry Thomas Rec Center, at 2 p.m. Our home match the next Saturday, March 28, is also at Harry Thomas, at 1 p.m.
Opinions
Protecting D.C.’s promise: why Kenyan McDuffie deserves our support
Former Council member is longtime ally
For generations, LGBTQ+ people have come to DC searching for something simple: the freedom to love who they love. I was one of them.
Washington, D.C., is the gayest city in the world. This didn’t happen by accident; It’s the result of generations of organizing, advocacy, and leadership from elected officials who championed the movement for equality, a movement that drew people like me to this city in search of safety and acceptance.
Now, as we approach the June 16 mayoral primary, the LGBTQ+ community will play a decisive role in shaping the city’s future. I believe the candidate our community should rally behind is Kenyan McDuffie, a longtime ally with a proven track record.
Kenyan’s relationship with the LGBTQ+ community began long before it was politically fashionable. In 2012, when he ran for the Ward 5 D.C. Council seat, he sought and earned the support of the Gertrude Stein Democratic Club, the city’s largest LGBTQ+ political organization. At a time before marriage equality was the law of the land, Kenyan stood with us and went on to support the banning of conversion therapy.
But what has always stood out to me about Kenyan’s leadership is his willingness to tackle issues head-on that deeply impact queer families and young people.
As someone who was recently engaged and is currently navigating pathways to parenthood, I was moved by Kenyan’s leadership to modernize D.C.’s outdated surrogacy laws. For more than two decades, the District criminalized surrogacy agreements, threatening families with fines of up to $10,000 and even jail time. Kenyan helped lead the effort to repeal that law, opening a legal pathway for LGBTQ+ couples and others to build families through surrogacy. Thanks to advances in medicine and policy changes like this one, more LGBTQ+ families are now able to pursue parenthood.
Kenyan has also been a champion for some of the most vulnerable members of our community: LGBTQ+ young people experiencing homelessness. In DC, LGBTQ+ youth represent nearly 40 percent of the city’s homeless youth population. Early in his time on the Council, Kenyan worked with fellow members to dedicate housing beds for LGBTQ+ youth and to strengthen the capacity of the Mayor’s Office of LGBTQ+ Affairs to support community programs. Those investments helped ensure that young people facing rejection or instability had a safer place to turn.
Leadership like this matters, especially as our city faces unprecedented challenges. In addition to being a champion for our community, the next mayor will need to navigate threats from the federal government, a massive reduction of the federal workforce of over 20,000 jobs, an unprecedented wave of restaurant closures, and year-after-year billion-dollar budget shortfalls.
Today, our city needs a leader whose values never waver and who has delivered real results for all our neighbors. Kenyan McDuffie has shown that kind of leadership throughout his public service career.
D.C. has always been a safe haven for the queer and trans community seeking opportunity, safety, and belonging. That promise is worth protecting and ensuring the next generation can find the same refuge and opportunity we have.
As voters prepare to make an important choice about the city’s future, I believe Kenyan McDuffie is the leader best prepared to carry that promise forward.
That’s why I’m proud to join him and countless others in launching the Out for Kenyan coalition this Thursday, March 26, at Number Nine.
Cesar Toledo is a first-generation queer Latino and an Out Magazine Out100 honoree who has spent over a decade advancing LGBTQ+ equality, equity, and social justice.
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