Justin Baldoni, Jay-Z and Smokey Robinson Are Countersuing Their Accusers, but New York’s Speak Your Truth Act Could Level the Playing Field in Defamation Suits

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2014 marked three years prior to the emergence of the #MeToo movement in Hollywood. At that time, I, along with others, accused Dr. Luke of sexual assault and battery. Shortly after filing my lawsuit against him, he retaliated by suing me, my mother, and one of my lawyers for defamation. This was a tactic later employed by Bill Cosby in 2017, when he countersued seven of his accusers. While the struggle was challenging for me as a prominent music artist, it was financially devastating for Cosby’s accusers who were not public figures. In our case, Kesha and Dr. Luke eventually reached a settlement in 2023, concluding a battle that spanned almost a decade and likely cost millions.

Following the widespread scrutiny over sexual harassment incidents in 2017 across various industries, many people expected that lawsuits involving defamation as retaliation would decrease. Contrary to these expectations, such cases actually increased, with numerous men – such as Brett Ratner and more recently Jay-Z – choosing to file lawsuits against their accusers in response.

Currently, attorney and law professor Victoria Burke is working to put a stop to a common practice. Burke is the creator of the Speak Your Truth model legislation which was passed in California in 2023 and is currently being considered in New York. She has introduced similar bills in various states due to the fact that those accused often file their lawsuits in states that are more favorable for defamation claims compared to California. For instance, Jay-Z is suing his Jane Doe in Alabama, while Johnny Depp brought his defamation case against Amber Heard in Virginia and won. In New York, the Speak Your Truth Act aims to modify the state’s Civil Rights Law to safeguard discussions about incidents of sexual assault, harassment, or discrimination.

“Burke expressed that what were meant to be protective defamation laws seemed to be turned into offensive weapons instead,” she shared, having initiated the submission of her initial draft proposal to California lawmakers as early as summer 2022.

In the New York version, if an individual accused of defamation brings a lawsuit over protected statements and loses, the original accuser may receive compensation for their legal expenses incurred and any further damages sustained as a result.

Mark Geragos, part of Kesha’s legal team, praises the law as commendable and adds that given his experience in handling similar cases throughout his career, it is indeed a necessary action.

Frequently, the mere threat of a defamation lawsuit can create a sense of fear or intimidation. In December, Erica Vladimer, co-founder of the Sexual Harassment Working Group (SHWG), was issued a document preservation notice by lawyers representing Andrew Cuomo. As Cuomo pursues the position of New York City mayor, he has employed aggressive strategies to restore his public image following accusations from several women, including former aide Charlotte Bennett, of sexual harassment or inappropriate behavior. The notice sent to Vladimer requested that SHWG save any communication related to Bennett. However, this request was puzzling because Cuomo had not yet filed a lawsuit against Bennett at the time.

As soon as I received it,” Vladimer states, “my initial thought was they intended to attempt gathering information from me for their potential defamation lawsuit against Charlotte. This wasn’t surprising, but a small part of me was still shaken. It’s wrong for anyone to manipulate or misuse the legal system in such a way to create fear.

In reply, Rich Azzopardi, Cuomo’s spokesman, informs EbMaster: “Preservation orders are often issued to people who might possess pertinent evidence, and Governor Cuomo subsequently made a claim against Ms. Bennett.

On the 19th of December, Cuomo initiated a legal action against Bennett, not long after she dropped a lawsuit that she had originally filed against her previous employer back in 2022. Her lawyer attributed the withdrawal to “intrusive evidence demands.”

In California, Speak Your Truth (SYT) is about to undergo its initial significant trial. Lawyers representing Blake Lively have invoked legal procedures to ask for the dismissal of Justin Baldoni’s slander lawsuit against her. However, this case stands out as it encompasses more than just defamation; it also involves accusations of civil extortion and invasion of privacy, with a host of other plaintiffs who aren’t accused of sexual harassment.

Despite California having laws against defamation, such cases continue to multiply. In August, Nick Carter, a member of the Backstreet Boys, filed a $2.5 million defamation lawsuit against Melissa Schuman, who had accused him of rape. Earlier, he had initiated a similar lawsuit against a former DREAM singer in Nevada. Recently, Smokey Robinson sued four women for sexual assault accusations in Los Angeles Superior Court, seeking $500 million. These women may face significant expenses in their defense. Alison Anderson, a partner at Boies Schiller Flexner and co-head of the firm’s sexual misconduct practice, estimates that defending against a Hollywood defamation case can cost between $3 million and $6 million. However, Speak Your Truth aims to create a more equitable situation.

As a film enthusiast, I firmly believe that empowering survivors by enabling them to recover attorney fees and extra compensation would provide them with legal representation more suited to tackle these litigious claimants. You see, when it comes to high-stakes lawsuits, the wealthy often hire costly, influential law firms who flood the court with motions and every argument they can conjure up. Their strategy is to overwhelm the other side – essentially burying them under a mountain of legal paperwork.

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2025-06-04 19:47