Jurors in the defamation trial between Johnny Depp and Amber Heard will not examine whether Adam Waldman, Depp’s former attorney, had free speech rights when he made allegedly defamatory remarks about Heard.

Waldman did not qualify for privilege, a defence against defamation, because his words were not in reaction to anything Heard said or wrote, the judge supervising the case ruled with Heard’s attorneys on Thursday in a critical jury instruction finding. If the jury had ruled the other way, Heard’s $100 million complaint against Depp may have been dismissed entirely.

Aside from Heard and Depp, Waldman is the pivotal person in the case. Depp, through Waldman, allegedly defamed Heard by declaring her abuse allegations a fake, according to Heard.

Jury instructions determine whether a case is won or lost. They instruct jurors on how to apply legal rules, deal with specific evidence, and weigh objections, among other things. In a protracted trial with hundreds of witnesses and evidence, jury instructions might be contentious.

The question of whether Waldman qualifies for privilege should be addressed by a jury, according to Depp. If someone is sued for defamation as a result of someone else’s allegedly defamatory comment, they can assert the defence under defamation law.

According to Samuel Moniz, representing Depp, “The statements were clearly in direct response to Ms. Heard’s allegations on their face. Whether that response was fair and reasonable is a jury question.”

Initially, Azcarate looked to be on Depp’s side. She disagreed with Heard’s lawyers on whether the problem is a legal one, saying the question is “whether or not there is any evidence that a jury can find [of Waldman’s statements] being protected speech.”

Also Read

Amber Heard says she’s not shocked Kate Moss testified for Johnny Depp

Amber Heard claimed she wasn't surprised by last-minute messages in support of...