The Witch Hunts of the 1600s Never Really Ended

An excerpt from Mary Anne Franks’ new book, Fearless Speech: Breaking Free From the First Amendment:

“Amber Heard was professionally blacklisted, constantly surveilled by the press and the public, and subjected to death threats and harassment. All of this happened because Heard wrote something that people did not like—the kind of speech that, according to American free speech orthodoxy, should be most robustly protected by the First Amendment. But in a decision that chilled the speech of sexual abuse and domestic violence victims everywhere, Heard was found liable for defamation and ordered to pay Depp $15 million. … As the Heard case revealed in excruciating detail, when it comes to women’s speech, the protection of the First Amendment is little more than hollow rhetoric.”

Domestic Abuse Is Not Your Halloween Punchline

Schitt’s Creek star Emily Hampshire dressed up as Johnny Depp, holding with a wine bottle, while her friend impersonated a very distressed Amber Heard—a reference to the pair’s heavily sensationalized defamation trial. You may recall when Heard broke down talking about the alleged sexual assault she endured at the hands of Depp using a wine bottle.

This is merely the most recent in a long tradition of people dressing up as famous women during their lowest moments. I’ve seen several people celebrating Halloween as a bald, disheveled Britney Spears; an inebriated Amy Winehouse; a dejected but alluring Marilyn Monroe; a bloodied Sharon Tate, paired up with her murderer Charles Manson. Why do the Bill Cosbys and Chris Browns of the world get away with it, while the victims get pelted with sticks and stones?

How Johnny Depp Turned Abuse Allegations Into a Comeback

By 2018, Johnny Depp was bordering on irrelevancy—but he soon gained a tremendous fandom as a public trial unfolded, prompted by abuse allegations from his ex-wife Amber Heard. In December, Heard announced she would no longer be moving forward with her appeal because “cannot afford to risk an impossible bill—one that is not just financial, but also psychological, physical and emotional.”

Depp has paved a new path for accused men in search of cultural capital—and accomplished the very thing women throughout the ages have been baselessly accused of: leveraging victimhood to gain status. Depp, whose career was flailing, became not just a rallying cry for men’s rights and the supposed victimhood of being a successful, wealthy, white man in a changing world, but a newly hot commodity in Hollywood once again with a thriving fan base.

‘We Condemn the Public Shaming of Amber Heard’: 130 Women’s Rights Signatories Sign Open Letter

“In the Depp v. Heard trial, behaviors that are common to survivors were relentlessly mocked and misunderstood,” said Dr. Emma Katz, author of Coercive Control in Children’s and Mothers’ Lives. “These common survivor behaviors—including covering injuries with makeup and leaving your abuser then arranging to meet with them again—were widely condemned as signs of deception. Many survivors watched these public conversations unfold with dread, as the question, ‘Will I be believed if I come forward?’ seemed to be met with a resounding ‘no.’”

This Was Never About Amber Heard

Wednesday’s verdict in the defamation trial of Johnny Depp and Amber Heard marks the end of the legal proceedings. But the impact of the case will reverberate. The court of public opinion handed a decisive victory to Depp early on, spotlighting huge cultural blindspots that extend far beyond Heard—whatever you may think of her. Until we reckon with these blindspots, ordinary credibility judgments will be distorted in ways that disadvantage everyday accusers.