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Why Is the Johnny Depp Trial in Fairfax, Virginia?
[COLOR=rgba(13, 13, 13, 0.9)]Heard and Depp are Hollywood actors who do not live or work in the Commonwealth of Virginia. But Depp was allowed to sue in the state because the news outlet that ran the article, The Washington Post, “houses its printing press and online server in Fairfax County.” The Post is not named as a defendant in the case.[/COLOR]
[COLOR=rgba(13, 13, 13, 0.9)]Depp’s lawyer acknowledged in a pre-trial hearing that one of the reasons they brought the case in a Fairfax County courthouse is because Virginia's anti-SLAPP law is not as broad as the one in California.[/COLOR]
[COLOR=rgba(13, 13, 13, 0.9)]SLAPP stands for Strategic Lawsuit Against Public Participation and are commonly used to intimidate and silence criticism through expensive, drawn-out legal proceedings. Thirty-one states have laws protecting defendants from anti-SLAPP cases to prevent powerful interests from using lawsuits to intimidate critics from exercising their First Amendment rights, according to the Reporters Committee for Freedom of the Press. The laws allow defendants to file a special motion to dismiss a case when they believe it is a frivolous SLAPP suit.[/COLOR]
[COLOR=rgba(13, 13, 13, 0.9)]Heard’s lawyers had sought to have the case moved to California, where the former couple reside. Under California's anti-SLAPP legislation, a person being sued for defamation can file a motion to dismiss a case because it involves speech about a matter of public concern that is protected under the First Amendment. If the judge agrees, the plaintiff would have to pay the defendant's legal fees.
Quelle: necn.com [/COLOR]
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