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Celeb News: Hulk Hogan wins $100 million lawsuit against Gawker
Member Since: 5/10/2012
Posts: 10,996
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Hulk Hogan wins $100 million lawsuit against Gawker
http://www.hollywoodreporter.com/thr...verdict-876768
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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.
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.
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."
"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 sobbed, and after the outcome became clear, 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.
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ATRL Contributor
Member Since: 8/8/2008
Posts: 21,933
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Member Since: 4/14/2012
Posts: 6,976
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What's Gawker? 
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Member Since: 5/10/2012
Posts: 10,996
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Quote:
Originally posted by aaronsmithjune1
What's Gawker? |
The website that leaked his sex tape without his permission
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Member Since: 11/24/2006
Posts: 24,963
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Quote:
Originally posted by DAP
$100 million
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Quote:
Originally posted by DAP
Gawker
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ATRL Contributor
Member Since: 9/14/2010
Posts: 78,921
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Is the video in question the one that contains his vile racist rant and repeated use of the n word?
Perhaps he should do something about that since he no longer has a career. What you gonna do, Hulk?
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ATRL Contributor
Member Since: 11/5/2011
Posts: 100,491
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Member Since: 4/20/2011
Posts: 26,993
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What a joke
100 million for that? 
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Member Since: 5/10/2012
Posts: 10,996
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Quote:
Originally posted by J a y
Is the video in question the one that contains his vile racist rant and repeated use of the n word?
Perhaps he should do something about that since he no longer has a career. What you gonna do, Hulk?
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No. This is about the sex tape
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Member Since: 8/19/2013
Posts: 7,294
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Glad to see he won. It's sick that some people have no respect for others just because they're celebrities.
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ATRL Contributor
Member Since: 9/14/2010
Posts: 78,921
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Quote:
Originally posted by DAP
No. This is about the sex tape
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Hulk Hogan has been released from WWE, allegedly after a vile racist rant uncovered during his sex tape court case.
The disgraced wrestler's contract was ended after detailed emerged of an astonishing rant allegedly caught on camera on a sex tape which is now the centre of a $100 million lawsuit. In the tape, the star is said to launch into a bigoted attack, including several uses of the n-word, as he discussed his daughter Brooke and accused her of sleeping with a black man.
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Member Since: 4/6/2014
Posts: 12,514
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Get money bitch, Gawker is the pits.
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ATRL Contributor
Member Since: 9/14/2010
Posts: 78,921
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Quote:
Originally posted by Nightingale
Glad to see he won. It's sick that some people have no respect for others just because they're celebrities.
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I'm personally glad it leaked - he was exposed and reprimanded because of it. His career is over.
WWE haven't Benoit'd him, but there's no mention of his legacy leading up to WrestleMania. Hulk who? 
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Member Since: 6/15/2010
Posts: 14,318
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*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.
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The American justice system, ladies and gentlemen  . Core evidence not being included because the judge liked the celebrity.
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Member Since: 1/1/2014
Posts: 26,845
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Member Since: 4/20/2012
Posts: 3,792
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YAS. Bankrupt that joke of a media empire.
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Member Since: 8/19/2013
Posts: 21,389
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Gawker is trash, so Yas
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Member Since: 1/1/2014
Posts: 7,793
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That is $115m before punitive damages! God knows how much they will be. If Gawker appeal, they still will probably have to pay $50m in a bond to the Florida court, which they will only get back if they win the appeal.
Gawker could be bankrupt from this. As Jonasha highlighted in his post above, Gawker are just trash and complete hypocrites on this issue. They posted Hulk Hogan's vid with him having sex and refused to take it down. Then Jezebel (owned by Gawker) starts reporting about how terrible and evil it is for JLaw to have her nudes shared online without her permission. Just hypocrisy.
I would be quite happy for Gawker go down for this. They are just garbage and prime examples of lack of integrity in journalism these days with their click-bait stories. And they can quote me, the lowlifes.
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Member Since: 1/1/2014
Posts: 7,793
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Quote:
Originally posted by J a y
Is the video in question the one that contains his vile racist rant and repeated use of the n word?
Perhaps he should do something about that since he no longer has a career. What you gonna do, Hulk?
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You do realise that whole story was from Gawker?
Gawker put his sex tape online. Hulk Hogan got a court order for them to take it down. Gawker refused, so Hulk Hogan sued them for $100m (which he has just won) In retribution for him sueing them, Gawker then 'leaked' an alleged transcript that apparently had Hulk Hogan using racist language in an attempt to destroy his career, which it did.
Gawker destroyed his career, and now Hulk Hogan is bankrupting Gawker.
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Member Since: 5/25/2010
Posts: 23,013
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A racist can win 100 million in court, but Kesha can't get free from her abuser in court.
Welcome to America.
...Vin
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