Hulk Hogan's sex tape lawsuit had a lasting effect on cases involving celebrity privacy
A 2016 civil trial that pitted the First Amendment against the privacy rights of celebrities ended with a jury awarding Hogan a whopping $140 million in his lawsuit against Gawker Media. Though both parties later settled on $31 million to avoid protracted appeals, the case put Gawker out of business.
It also ensured Hogan, who died Thursday at age 71, and his legal team would have a long-term impact on media law. The case showed that, in certain circumstances, celebrities could persuade a jury that their right to privacy outweighs the freedom of the press — even when the published material was true.
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.
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.
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.
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.
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The Herald Scotland
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Bondi called for release of Epstein files. What is she doing now?
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Ro Khanna, D-California, joined Massie on the proposed legislation that aims to force the Justice Department to release all its records related to Epstein. More: Is Trump in the Epstein files? Before Bondi's reported alert, here is where he appeared By mid-July, with the tempest rising, Trump directed Bondi to seek the release of grand jury testimony in the case. Bondi filed three requests July 18. It wasn't enough to help out House Speaker Mike Johnson, R-Louisiana, who suspended House floor action days before the scheduled August recess rather than face a vote on Massie's legislation. Johnson, a close Trump ally, said his decision for lawmakers' early dismissal was to "give the president space" to resolve questions about the investigation. He added that members of Congress were threading a fine needle trying to secure the release of information about Epstein while protecting his victims. Trump "wants maximum transparency but he's also very insistent that we do not subject people who have already been victims of unspeakable crimes to further public scrutiny," Johnson told reporters July 22. "It would be a very dangerous thing to put those people's names out or do a release of information in a way that is haphazard, where they could be easily unmasked." More: Republicans still have an Epstein dilemma. Now they have to face voters. "As things are revealed and, I hope will take place quickly, you will see that it is yet another Democrat CON JOB," Trump wrote on social media July 24. "Hopefully, the Grand Jury Files will put an end to this HOAX. Everyone should see what is there, but people who are innocent should not be hurt." Judges review requests to unseal Epstein file One big challenge for Bondi and the Trump administration as they push for more disclosures: Grand jury evidence traditionally remains confidential. U.S. District Judge Robin Rosenberg in West Palm Beach quickly refused to unseal the documents. The judge, an appointee of President Barack Obama, said the Bondi-led department's request to release grand jury documents from 2005 and 2007 did not meet any of the extraordinary exceptions under federal law that could make them public. Rosenberg said her "hands are tied." U.S. District Judge Paul Engelmayer in New York, another Obama appointee who presided over Epstein associate Ghislaine Maxwell's case, said there are exceptions to the secrecy rules but that Bondi hadn't invoked them. Engelmayer set a July 29 deadline for the government to explain why the disclosure is being sought, what specific information should be disclosed and whether grand jury witnesses are still alive. He also asked for a complete set of transcripts, a redacted version for potential release and a list of other evidence such as exhibits. Maxwell, an associate of Epstein who is serving a 20-year federal prison sentence for conspiring to sexually abuse minors, has until Aug. 5 to say whether she agrees to disclosure or opposes it. Victims face an Aug. 5 deadline to state their positions. "The Court intends to resolve this motion expeditiously," Engelmayer wrote. "However, the Court cannot rule on the motion without additional submissions." Federal prosecutors meet with Epstein associate Ghislaine Maxwell Deputy Attorney General Todd Blanche - who previously served as Trump's private lawyer defending him in a series of criminal cases - met July 24 and 25 with Maxwell to find out what more she can say about her dealings with Epstein. "If Ghislaine Maxwell has information about anyone who has committed crimes against victims, the FBI and the DOJ will hear what she has to say," Blanche in a statement on social media on July 22 while planning the meeting. But Rep. Dan Goldman, D-New York, argued Blanche's effort was to protect Trump "by tacitly floating a pardon for Maxwell in return for information that politically benefits President Trump." "Maxwell's information is only as credible as any corroboration found in the Epstein files, including recordings, witness interviews, electronic communications, and photographs and videos," said Goldman, a former federal prosecutor who served as lead counsel in Trump's first House impeachment and battled against a presidential defense team that included Bondi. "Do not be fooled: this latest delay tactic is yet another effort to conceal the Epstein files." The same day as the Justice Department's announcement, the House Oversight and Government Reform Committee agreed to subpoena Maxwell for questions from lawmakers. Three days later, as he readied to leave on a trip to Scotland, Trump responded to reporters that he hasn't considered pardoning Maxwell. Contributing: Nick Penzenstadler and Holly Baltz of The Palm Beach Post
Daily Mail
4 hours ago
- Daily Mail
Marcus Morris Sr's brother and agent slam NBA star's 'insane' arrest 'real' reasons he was detained
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