How an emoji could derail the case against Justin Baldoni.

Justin Baldoni has filed a scathing $250 million lawsuit against The New York Times, claiming the publication relied "almost entirely on Lively's unverified and self-serving narrative," in its explosive article published last month. 

The 4000-word article revealed Blake Lively's initial complaint against her It Ends With Us co-star and director, Justin Baldoni, alleging inappropriate behaviour and a coordinated smear campaign. 

According to Lively's lawsuit, Baldoni allegedly entered Lively's trailer without permission while she was undressed, improvised kissing scenes without prior agreement, added explicit sexual content to the script, including oral sex scenes and depictions of female orgasm, and allowed 'friends' of his to observe the filming of intimate scenes.

Watch: It Ends With Us trailer. Article continues after the video.

The suit detailed HR complaints and meetings that took place, with Lively claiming she was the victim of a "targeted smear campaign" as a result. The suit alleged there was "a coordinated effort" by Baldoni's PR team "to destroy her reputation" in the weeks following the film's release.

But Baldoni's lawsuit claims the article, titled "We Can Bury Anyone": Inside a Hollywood Smear Machine, included "cherry-picked and altered communications stripped of necessary context and deliberately spliced to mislead", with content lifted "nearly verbatim while disregarding an abundance of evidence that contradicted her claims and exposed her true motives", according to an exclusive article published by Variety.

Baldoni is one of 10 plaintiffs that also includes publicists Melissa Nathan and Jennifer Abel, and producers Jamey Heath and Steve Sarowitz. 

The suit also accuses The Times of promissory fraud and breach of implied-in-fact contract, and offers a rebuttal of the narrative that depicted Lively as a victim of both sexual harassment and a smear campaign. 

Instead, Baldoni's lawsuit alleges Lively was the one who embarked on a "strategic and manipulative" smear campaign of her own and used false "sexual harassment allegations to assert unilateral control over every aspect of the production".

Lively's husband, actor Ryan Reynolds, allegedly berated Baldoni during a meeting, and pressured Baldoni's agency, WME, to drop the director. 

Following the lawsuit, Baldoni was indeed dropped by the talent agency. 

One part of the lawsuit that could prove particularly difficult for the NYT to defend was allegations made that Nathan and Abel planted negative stories about Lively, supported by a text exchange where the two appear to goat about a Daily Mail article slamming Lively for her tone-deaf promotion of the film. 

Per Variety: "You really outdid yourself with this piece," Abel wrote, to which Nathan replied: "That's why you hired me right? I'm the best." 

But Baldoni's suit claims to reveal the full context of the text exchange, including additional texts that suggest the pair were joking. 

"Damn this is unfair because it's also not me," Nathan wrote, according to Variety, suggesting she didn't plant the story, and was merely joking.

According to the suit, an emoji that gives a different tone to the conversation was omitted in the NYT piece.

An upside-down smiley face emoji, often used to suggest sarcasm, was removed.

The document features a breakdown of the emoji. "The [upside-down smiley] emoji is commonly used to convey irony, sarcasm, or a sense of goofiness or silleness [sic]," the lawsuit reads.

Baldoni's lawsuit also argues against Lively's accusation of sexual harassment, when she was allegedly shown a video of producer, Jamie Heath's wife that her complaint labelled as "pornography". 

"This claim is patently absurd," Baldoni's lawsuit says. "The video in question was a (non-pornographic) recording of Heath's wife during a home birth — a deeply personal one with no sexual overtone. To distort this benign event into an act of sexual misconduct is outrageous and emblematic of the lengths to which Lively and her collaborators are willing to go to defame plaintiffs." 

Regarding the allegation that Baldoni described Lively's character's attire as "sexy," his suit claims Lively used the word herself, suggesting her character's clothing should be "much sexier." 

"Will show you both ways but beanie is much sexier," she wrote, according to the suit. 

"Lively set the tone, a tone that Baldoni respectfully heeded during the creative process."

Following Lively's suit, It Ends With Us author Colleen Hoover has lent her support to the actor.

"You have been nothing but honest, kind, supportive and patient since the day we met," Hoover wrote on Instagram. "Thank you for being exactly the human that you are. Never change. Never wilt."

Lively has also had the support of a number of famous stars, including Gwyneth Paltrow, America Ferrera and all of her It Ends With Us co-stars. She has also been supported by the Actor's union SAG-AFTRA and Sony Pictures, who distributed the film.

This article was originally published in January 2025 and has since been updated.

Read more about Justin Baldoni and Blake Lively:

Justin Baldoni is counter-suing Blake Lively. And his lawyer says their evidence will 'shock everyone'.

'I manage one of Australia's most-hated women. Here's why we all fell for the Blake Lively smear campaign.'

'My intentions were not pure.' The resurfaced Justin Baldoni interview that shows who he really is.

Justin Baldoni met Emily over 10 years ago. His wedding vows began with an apology.

Blake Lively's sexual harassment claims are no less valid just because you don't like her.

Justin Baldoni has been using feminism to boost his brand. This 2015 letter proves it.

Blake Lively isn't the first woman to be demonised online.

Sexual harassment, a smear campaign and text messages. Inside Blake Lively's lawsuit against Justin Baldoni.

'The truth hasn't come out yet, but it will.' Blake Lively's family has spoken.

Feature image: Getty.