Hulk Hogan's sex tape lawsuit had a lasting effect on cases involving celebrity privacy
The case put media outlets on notice that 'the public doesn't necessarily like the press,' especially when reporting intrudes into intimate details of even public figures' private lives, said Samantha Barbas, a University of Iowa law professor who writes about press freedoms and First Amendment issues.
Get Starting Point
A guide through the most important stories of the morning, delivered Monday through Friday.
Enter Email
Sign Up
She said it also emboldened celebrities, politicians and others in the public spotlight to be more aggressive in suing over unflattering news coverage — as seen recently in President Donald Trump's pursuit of court cases against the Wall Street Journal, ABC and CBS.
'I think the lasting effect of the Hulk Hogan case was it really started this trend of libel and privacy lawsuits being weaponized to kind of take down these media organizations,' Barbas said.
Advertisement
Hogan wept hearing the verdict in a case that was 'real personal'
Hogan, whose given name was Terry Bollea, sued Gawker for invading his privacy after the website in 2012 posted an edited version of a video of Hogan having sex with the wife of his then-best friend, Florida-based radio DJ Bubba The Love Sponge Clem.
Clem gave his blessing to the coupling and recorded the video that was later leaked to Gawker. Hogan insisted he was unaware the intimate encounter was being filmed. The former WWE champion testified that he was 'completely humiliated' when the sex video became public.
Hogan's lead trial attorney, Ken Turkel, recalled Thursday how his muscular, mustachioed client cried in court as the jury verdict was read.
'To him the privacy part of it was integral. It was important,' Turkel said. 'Eight-year-old kids were googling 'Hulk Hogan' and 'Wrestlemania,' and they were getting a sex tape. That was hurtful to him in a real personal way.'
The three-week trial was closely followed far beyond the courtroom in St. Petersburg, Florida, as thousands of wrestling fans, First Amendment watchers and others stayed glued to their screens as the trial was streamed live online.
Salacious details emerged about Hogan's sex life as jurors and spectators viewed. images of him in thong underwear. Other testimony focused on how New York-based Gawker practiced journalism differently than traditional news outlets. And Hogan explained to the jury about the difference between his wrestling persona and his private life.
Jury rejected that First Amendment protected publishing sex tape
The jury ultimately rejected arguments by Gawker's attorneys that Hogan's sex tape was newsworthy and that publishing it, no matter how distasteful, was protected speech under the First Amendment.
'Now more people, including judges, understand that it's possible to sue someone for revealing something truthful, as long as that something is deeply personal and its publication is highly offensive,' said Amy Gajda, a Brooklyn Law School professor who followed and wrote about the case against Gawker.
Advertisement
News outlets still have broad legal protection for publishing information about public figures, even things that would generally be considered private, Gajda said
'As long as there is news value in what is published and the media can argue that effectively, they can get a privacy case dismissed very early on,' she said.
Bynum reported from Savannah, Georgia.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
8 minutes ago
- Yahoo
The ‘new' Andrew Cuomo hits the streets of NYC: Will it be enough?
As ex-Gov. Andrew Cuomo tries to reboot his mayoral campaign, promising to deploy a more expansive and effective ground game than he did in the primary, so far he's largely pounding the pavement in neighborhoods that supported him in the primary. Cuomo vowed to switch up his approach to the race when he announced on July 14 he was staying in the race as an independent. He conceded he 'played it safe' in the primary against Zohran Mamdani and promised to 'meet voters where they are' and be more aggressive in his attacks. Since the re-launch, Cuomo's campaign has posted footage of the ex-governor visiting housing complexes in the Bronx and Queens, East New York and Brownsville, Staten Island and the Upper West Side – gravitating toward spots Cuomo either won or in which he was competitive in the primary. 'In the early stages of the general election, it seems like he is spending his candidate time in similar areas that his campaign prioritized in the primary,' Democratic strategist Trip Yang said. Yang noted that neighborhoods with more moderate primary voters likely will also have more moderate general election voters — a key segment of the electorate for Cuomo. Places that turned out well for Cuomo in June are somewhat likely to turn out for him in November, too, Yang noted. But the strategist said it seems Cuomo is 'playing it somewhat safe' by visiting places where he did relatively well. Cuomo has shied away from places like Williamsburg, Astoria and Park Slope, where Mamdani beat him by wide margins and the ex-gov is unlikely to break through, especially running on an independent line. 'Are we going to [Democratic Socialists of America] clubhouses? No,' Rich Azzopardi, Cuomo's spokesman, told the Daily News. 'This is a new campaign and we'll be everywhere and talking to everybody,' Azzopardi added. 'Some of the areas we've been in we did well in in the primary, some we came up short, but in all cases we believe there's room to improve especially with a general electorate and more eyes on the race as we head toward November.' The campaign noted that, in total, Cuomo has been in sixteen neighborhoods since his re-launch, including Midtown, Washington Heights and Hollis, Queens, and plans to visit Jackson Heights, East Harlem and Gowanus over the weekend. The candidate, who was criticized for his 'rose garden' strategy in the primary, has been a bit more accessible to the press so far in his general run, doing a number of one-on-one interviews with reporters. Cuomo said on Wednesday that he's banking on a 'different audience' in the November election. 'It's a different electorate,' he said on CNBC. 'It's bigger, it's more moderate. It's more Queens, outer borough. You have independents, you have Republicans voting. So it's a totally different ball game in the general.' The campaign also appears to be taking taken a cue from Mamdani, posting more casual, conversational videos of the ex-governor. Mamdani's ground outreach effort, paired with an aggressive social media presence, is widely credited as helping spread his affordability-centric messaging. Cuomo is seen in the videos shaking hands with locals on the street, visiting senior centers and ordering food at local restaurants in places like Co-op City, where he beat Mamdani by over 45 points, and Lefrak City, where he won by over 30 points. 'Cuomo looks like he's had a couple more sips of coffee but it may not be strong enough,' Yang said of the campaign's efforts to switch things up. Cuomo is facing an array of challenges. Mamdani won the primary by 13 points in an upset victory that took the political establishment and wealthy donor class largely by surprise. Unions, including those that backed Cuomo in the primary, and powerful politicians like Rep. Adriano Espaillat have endorsed him in recent weeks. Cuomo is also battling incumbent Mayor Eric Adams, with both candidates staking out more moderate, business-friendly positions than Mamdani. Some donors who backed Cuomo in the primary are gravitating to Adams as the best bet at defeating the democratic socialist Mamdani. Adams has seen a surge in fundraising dollars and collected the endorsements of various law enforcement unions. Solve the daily Crossword
Yahoo
an hour ago
- Yahoo
Joe Rogan On Trump Administration's Handling Of Epstein Files: 'Do You Think We're Babies?'
Podcaster Joe Rogan is beginning to wonder if President Donald Trump and his administration have respect for MAGA voters over the handling of files related to notorious child sex trafficker Jeffrey Epstein. On his Friday episode, Rogan called out FBI Director Kash Patel for not releasing more information about Epstein, a former friend of Trump's who died in 2019 before he was set to face trial for a litany of sex crimes. Patel appeared on Rogan's podcast last month to discuss Epstein. 'When Kash Patel was on here, and he was like 'There's no, there's nothing' and I was like 'What are you talking about?'' Rogan said. 'I didn't even know what to say. My thought was — and people were like 'Why didn't you push back more?' — my thought was 'I'm just gonna put this out there and let the Internet do its work.'' Members of Trump's administration have spent years demanding the release of Epstein documents. But Trump, a longtime buddy of Epstein who wrote him a creepy birthday message and another note calling him 'the greatest,' has spent the past several weeks trying to distract from the growing crisis. ″[Patel] is saying there's no tapes, there's no video,' Rogan said. 'That doesn't make any sense. Everyone knows it doesn't make any sense.' Rogan said he was also frustrated by Patel's promise to release surveillance clips of Epstein's New York City cell where he allegedly hung himself. While that clip was released, a minute was missing from the 10 hours of jailhouse security footage. 'That film has a fucking minute missing from it,' Rogan said. 'Like, do you think we're babies? What is this?' Rogan, a friend of Trump who endorsed his 2024 campaign for president, previously blasted the administration's handling of the Epstein case. 'Why'd they say there was thousands of hours of tapes of people doing horrible shit?' Rogan said on his podcast earlier this month. 'Why'd they say that? Didn't [Attorney General] Pam Bondi say that?' Rogan continued, referring to Bondi in May saying the FBI was reviewing 'tens of thousands of videos' of the wealthy financier 'with children or child porn.' Rogan has joined a growingchorus of right-wingers disillusioned with the administration's promise to release more information about Epstein's potential co-conspirators. At a White House cabinet meeting earlier this month, a reporter asked Bondi about the lack of transparency. Trump was agitated by the question. 'Are you still talking about Jeffrey Epstein?' Trump snapped. 'This guy's been talked about for years. I mean, I can't believe you're asking a question on Epstein at a time like this, where we're having some of the greatest success and also tragedy with what happened in Texas. It just seems like a desecration.'
Yahoo
an hour ago
- Yahoo
Florida man arrested after beating up fellow golfer for playing too slow: cops
A golfer in Florida is accused of attacking a fellow player for playing too slow and now faces charges over the alleged assault. Jason Hughes was arrested Thursday and charged with aggravated battery causing bodily harm, according to Fox 35. The incident happened in June at a golf course in Kissimmee, Florida, according to the Osceola County Sheriff's Office. Hughes later told deputies that he was upset with the pace of the victim's play. The man said he and Hughes exchanged words on the course. The victim was playing with a friend in front of Hughes, who told them more than once to hurry up, according to the report. Many slower golfers will let those playing faster move ahead of them at a hole. Hughes got angry when he saw the victim talking to his friend on the green of a hole, according to the report. That is when Hughes allegedly attacked and started to punch the victim in the face. Witnesses broke up the fight and Hughes and his partner fled the scene before authorities arrived, according to the report. The victim was bleeding and bruised when police arrived. He later went to the hospital with a friend. Authorities tracked down Hughes through the credit card he used to pay for his tee time, according to Fox 35. Hughes was in court Friday and given a $2,500 bond. As part of his bail conditions, he is not allowed to play golf on a public course.
