Blake Lively's Legal Strategy Draws Criticism From Survivor Law Creator

The woman who wrote California's survivor-protection law is calling out Blake Lively's legal strategy in her fight with Justin Baldoni ... saying the legislation was never intended to be used this way.

Watch the video ... Victoria Burke joined "The Megyn Kelly Show" Tuesday and explained why she believes Lively's use of the law goes beyond its original intent. She also details why she says it was never meant to block every defamation claim.

Burke wrote the law after learning she could be sued for defamation if she spoke publicly about her own sexual assault. She then spent more than a year researching lawsuits against survivors before taking the proposal to lawmakers.

According to Burke, the law was crafted to protect people who come forward with allegations of sexual assault, harassment, and discrimination -- not to eliminate access to the courts for those who claim they've been falsely accused.

She says the bill was refined with input from advocacy groups and the ACLU to strike that balance, pointing to the Johnny Depp-Amber Heard case as an example of a defamation claim she believes still could have succeeded under the law.

Now, Burke says she's surprised to see the legislation being invoked in the bitter Lively-Baldoni legal war ... arguing the law's original intent is getting lost in the process.