This week, a federal judge dismissed Justin Baldoni and Wayfarer Studios’ $400 million lawsuit against Blake Lively, Ryan Reynolds, the New York Times, and others. The decision marks a significant victory for survivors’ rights, reinforcing the critical principle that speaking out about abuse, especially in connection with official complaints, should not lead to retaliatory litigation.
At Sanctuary for Families, we were proud to stand alongside Lively and 18 other advocacy organizations in filing amicus briefs supporting her motion to dismiss. Together, they represent a collective stand for the right of survivors to be heard and believed.
Sanctuary’s Legal Advocacy in Support of Blake Lively
Sanctuary’s brief, drafted in collaboration with our pro bono partners at Simpson Thacher & Bartlett LLP and joined by 13 organizations, including NNEDV, NOW, and Esperanza United, warned of the troubling rise in retaliatory defamation lawsuits against survivors who speak out. Filed as an amicus brief — also known as a “friend of the court” filing — our submission provided expert legal analysis from leaders in the gender-based violence field to help the judge assess the broader implications of the case for survivor safety and speech.
In particular, the brief highlighted how these lawsuits often follow a familiar pattern rooted in DARVO (Deny, Attack, and Reverse Victim and Offender), a common tactic used to discredit survivors and shift blame onto those who report abuse. We also argued that California’s new Civil Code Section 47.1 — a statute that explicitly protects survivors from retaliatory defamation claims — offers vital protections and should serve as a model nationwide.
As Dorchen Leidholdt, Sanctuary’s Legal Director, put it:
“Survivors must be able to report abuse and seek protection and justice without fear of retaliation. Sanctuary for Families strongly supports California’s groundbreaking statute shielding survivors from retaliatory defamation suits and urges other states to follow its example. Survivors’ voices belong in courtrooms, in campus disciplinary hearings, and in public forums. If we are serious about ending gender-based violence, we must protect their right to speak their truth.”
What the Court Said
In a 132-page decision, U.S. District Judge Lewis J. Liman dismissed the lawsuit brought by Justin Baldoni and Wayfarer Studios against Blake Lively, rejecting their claims of defamation, civil extortion, and other allegations. While the ruling did not create new legal protections, it applied established legal standards to reaffirm that individuals who report misconduct cannot be punished through meritless lawsuits.
The court’s decision reinforces critical principles about how survivors, advocates, and journalists can safely speak out about abuse:
- Survivors can demand workplace safety without being accused of crimes. The judge found that Lively’s requests for protections — like having safeguards on set and limits on inappropriate behavior — were legitimate workplace advocacy, not illegal extortion.
- Survivors can share their official harassment complaints with the media without being sued for defamation. The judge found that Lively was legally protected when she provided her Civil Rights Department complaint to journalists.
- News organizations can report on survivors’ harassment complaints without facing defamation lawsuits. The Times was protected because it was reporting on an official legal proceeding and had credible evidence supporting its story.
Blake Lively’s Response
After the ruling, Blake Lively took to Instagram to express her gratitude for the 19 advocacy organizations that stood with her:
“Last week, I stood proudly alongside 19 organizations united in defending women’s rights to speak up for their safety… While the suit against me was defeated, so many don’t have the resources to fight back . . . I’m more resolved than ever to continue to stand for every woman’s right to have a voice in protecting themselves — including their safety, their integrity, their dignity, and their story. With love and gratitude for the many who stood by me — many of you I know, many of you I don’t — but I will never stop appreciating or advocating for you.”
Sanctuary for Families is honored to be among the organizations Blake recognized. We are proud to support survivors, both in and outside the courtroom, and to speak out against efforts to silence them.
What’s Next
While this ruling is a major step forward, the fight is far from over. Too many survivors still face legal threats, social stigma, and professional retaliation for coming forward. California has taken the lead with a law that protects survivor speech. Now, other states must follow.
We urge lawmakers in New York and across the country to enact similar laws. Survivors should never have to choose between speaking the truth and staying safe from retaliation.
Edited Creative Commons “Blake Lively Cannes 2016 2 (cropped)” photo by Georges Biard (licensed under CC BY-SA 4.0 – https://lnkd.in/gB6Kk3s)