Hulk Hogan Gets $115M Verdict Against Gawker at Sex Tape Trial
Weighing free speech against privacy, a Florida jury has decided to uphold the sanctity of the latter by turning in a $115 million verdict against Gawker over its 2012 posting of a Hulk Hogan sex tape.
Hogan brought the case three years ago after witnessing how Gawker, a 13-year-old digital news site founded by Nick Denton, an entrepreneur with an allergy to celebrity privacy, published a video he claimed was secretly recorded. The sex tape was sensational, showing the wrestler whose real name is Terry Bollea having a sexual relationship with the then-wife of his best friend, a radio shock jock known as Bubba the Love Sponge. Gawker's posting of the Hogan sex tape was accompanied by an essay from A.J. Daulerio about celebrity sex and a vivid play-by-play of the encounter between Hogan and Heather Cole.
In an era when digital networks have reshaped culture, raising tough questions about sharing and prying in society, the jury got to hear two weeks of testimony in a first-of-its-kind sex tape case where discussions of newsworthiness and decency dominated.
Hogan was the first to take the witness stand and attempted to separate his public persona from his true and private self. "It's turned my world upside down," he testified about Gawker's posting. His many interviews with press outlets, some addressing his sexual boasts and endeavors, became the subject of a heated cross-examination. "The person sitting here under oath is Terry Bollea, and I don’t lie under oath," said Hogan.
>>67186634
Hogan's attorneys also played depositions conducted with Denton and other Gawker staffers, who had to explain tasteless jokes and their boundary-pushing philosophies on what's appropriate to publish. “I believe in total freedom and information transparency," said Denton. "I’m an extremist when it comes to that." Many of those same Gawker hands later took the witness stand to provide their journalism in a more flattering light, although Daulerio admitted Hulk Hogan's penis isn't newsworthy.
The trial also featured a less salacious element with experts delving into the media business through discussion of digital marketing and web analytics. One of Hogan's experts testified the benefit to Gawker from the sex tape was $15 million while another on behalf of the defendant told the jury it was just $11,000.
The mysterious background of the sex tape was explored by Gawker: Who knew a taping was happening? Was it a publicity stunt? Were there really secrets? But Gawker couldn't get the guy, Bubba, they desperately wanted on the witness stand to address conflicting accounts of who was knowledgeable about the taping. Nor could they inject many of the racist comments that Hogan had made during his sexual encounter with Cole to set up a possible argument that Hogan had an ulterior motive for the lawsuit. In the midst of a trial, a Florida appeals court ordered the unsealing of court records — including text messages between Hogan and Bubba, Bubba's deposition testimony, what the FBI was told during its investigation, and a $5,000 settlement agreement between Hogan and Bubba — but none of that made it into the trial thanks to Florida circuit judge Pamela Campbell's pre-trial rulings strongly favoring Hogan. Nor was the actual sex tape itself shown to the jurors
>>67186645
Nevertheless, the trial, which resembled the Scopes Trial in so much as there being plenty of publicity and an intellectual battleground around speech under concerns about morality, provoked a discussion of ethics and boundaries in media like no other. One journalism professor, acting as an expert for Hogan, gave his "Cheerios test," whether readers could digest their breakfast when reading, with Hogan's attorneys questioning bringing up Caitlyn Jenner, Madonna, Magic Johnson and others to probe whether it mattered if a celebrity injects their personal life into the public arena. Even Thomas Jefferson factored, with that same witness, Mike Foley, agreeing that it was good that the media speaks in different voices. "That was the original concept by Thomas Jefferson," said Foley, referring to the U.S. Constitution.
Ultimately, the case became a battle — at least indirectly —between the First Amendment, guaranteeing free speech and a free press, and the Fourteenth Amendment, where courts have determined that a right to privacy derives under equal protection of life, liberty and property. Like many states, Florida has enacted statutes that guard against intrusions on seclusion and privacy of communications. Hogan also won on his right of publicity claim.
"Do you think the media can do whatever they want?" asked Hogan's attorney Ken Turkel in closing arguments.
"We don't need the First Amendment to protect what's popular," responded Gawker attorney Michael Sullivan in his own closing. "We need a First Amendment to protect what's controversial."
>>67186634
Where will Gawker get the money?
>>67186670
"This is not about political speech," rebutted Turkel to the jury. "This case is unique ... You're not going to condemn someone's right to engage in speech. You're balancing the right to make the speech versus privacy rights."
In reaching its verdict, the jury tipped that scale towards privacy. Hogan appeared relieved more than happy. A stunned-looking Nick Denton watched from the gallery and took a deep breath. Gawker has already indicated it will appeal. The focus of the coming proceedings will likely be whether the First Amendment should have precluded claims and whether Gawker got a fair trial.
http://www.hollywoodreporter.com/thr-esq/hulk-hogan-gets-115m-verdict-876768
>revenge porn is considered heinous and illegal
>this is considered all in good fun, article makes it out to be nazi germany for enforcing it
cool
WHITE POWER BROTHER
Good. It's hypocritical otherwise.
>>67186634
BASED HULK
GAWKER IS SHIT
>>67186634
I hope they appeal and I hope it reaches all the way up to the Supreme Court and they decide to uphold the verdict and tack on even more money in damages.
Based Hollywood gear in court
https://en.wikipedia.org/wiki/Gawker_Media
>>67186634
>free speech against privacy
>free speech
are they really this fucking stupid?
>>67187257
It was crux of their argument. It was dumb as fuck.
old cocksucking roid head knew he was being taped
>>67187180
My sides
>>67187257
how the fuck did anyone get ahold of a tape of this?
Hulk is a scammer
>>67187180
It's still there!!!
>>67186634
damn right, get fucked gawker. I hope they get shut the fuck down in appeal. their whole network needs to just die.
So the company is done right?
>In 2006, Hogan was recorded having sex with Clem on tape without his knowledge or consent.[3] Hogan told Howard Stern on his show that he slept with Heather "with Bubba Clem's blessing and his encouragement" because he was so burnt out from the trauma of his coming divorce that he finally gave in to the "relentless" come-ons of Heather, who "kept going down that road." Hogan said he knew the Clems had "an alternative lifestyle," stopped by their house "just to say hello," and Heather "tempted him."[4] “I was depressed,” Hogan testified. “I gave up and gave in. I felt that those people loved me.”[5]
>Bubba testified that he burned the video to a DVD, wrote "Cuck" on it, and put it in a desk drawer.[6]
FREEDOM WINS AGAIN!
AMERICA IS THE GREATEST!
>>67187555
>In 2009, the corporation was estimated to be worth $300 million, with $60 million in advertising revenues and more than $30 million in operating profit.
I imagine that having to drop 3 years worth of profit in a lawsuit won't help them, but it might not shut them down. We'll see what happens, it could be exciting.
also nice trips
>>67186671
they won't
the owner said last year that if it was a big verdict he would have to shut down
>>67187685
honestly nothing wrong with that. it's sad that they took advantage of him when he was going through a divorce and had trusted them as friends.
>>67187555
No, Gawker will contest and they'll settle out of court
YEAH BROTHERRRR
>>67187685
epic
> stole celebrity naked selfie and publish them online
> celebs complay
> MUHHHH FREEDOM, SLUTS, FUCK it
> Gaker posted Hogan video
> we have the right to privacy :3
what a shock, the patriarchal legal system only cares about the straight white cis male -___-
>You will never cuck your friend and get paid 115 million for it
>>67187685
My co-worker, who is in an open relationship, pursued me for two months before I slept with her. I'd just gotten out of a relationship and was feeling vulnerable. Her husband hand-picked the nudes of her that she and him kept sending to my phone.
It sounds stupid as shit, but it's real--open couples tag-team seduce people. Happened to me. Don't think there are any videos, though. If there are, I want'em.
>>67186634
Based hulkster sticking it to the jews
lmao
>>67188003
>ywn be a wrestling icon and still making. autist happy everywhere
http://youtube.com/watch?v=oIscL-Bjsq4
GAMERGATE WINS
>>67188093
>John Cuck
Great.
The first amendment is dead.
>>67188188
fucking idiot
https://youtu.be/-paa3wwGWww
HULKAMANIA RUNNING WILD
>>67188188
Spotted the non-American.
>>67188188
The internet era needs stricter privacy laws.
>>67188188
You can't post a video you don't own the rights to
>>67188265
WUTCHA GONNA DO BROTHER
>>67188188
says the same Gawker cuck that would sentence you to death for posting a JLaw pic that was literally put out into the fucking air
>>67188188
You dense fucker.
I'm hear from /sp/, the mods deleted our thread once it hit 90 measly posts.
Why can't we have the /tv/ or /pol/ mods?
WHERE IS THE HOGAN KNOWS BEST STREAM?
>>67188731
Can you get him to mod here? our is a pleb enabler that panders to /sp/s garbage facebook ideals
>>67188188
>steal someone's sex tape
>ignore court warnings to take it down
wew lad. Don't talk to me or my son ever again
>>67188731
we back nigger
>>>/sp/66253719
cucks like you are why sp is so shit because you just give up
>>67188731
they're universal you fucking normie newfaggots from /sp/
btw /sp/ killed /tv/ and 4chan, thanks you cucks
/sp/ is full of fucking literal retards, i swear
