Depp v Heard & the Effects of Social Media on Trials

The Johnny Depp v Amber Heard defamation trial did more than fill the gossip columns in the tabloids. The case demonstrated the expanded use and power of social media often by third parties not involved in the actual case. The latest episode of "Miranda Warnings", host David Miranda breaks down the trial and the effects that social media use had in the case and in the court of public opinion.

Joining him in the discussion is Scott Malouf, a social media attorney in the Rochester area, who focuses on all things social media for lawyers and business clients. Debra Hamilton, from Westchester County, specializes in mediation involving clients and their pets. The two recently co-authored an article in the New York State Bar Journal on the case.  

The Depp v Heard case was unique in that it was not only involving two celebrities, but televised in real time from a Virginia courtroom. Both guests say the coverage started small and as it grew, took on a life of its own.

"Small influencers were watching the case starting to comment on it and getting a lot more traction which means more ad revenue," said Malouf. "Some of influencers said they supported Johnny because that content did better. It had nothing to do with who was winning and I think for litigants and organizations that’s a really tough and scary prospect."

Debra Hamilton says attorneys have a tough job balancing what is right for their clients and trying to prevent an outside party from affecting the case. "We are in the business of helping our clients solve issues however if they get involved in social media and third parties get involved in carrying their water so to speak in social media it can really escalate."