During the trial, Gawker argued that Bollea made his sex life a public matter, although on cross-examination, when asked by Bollea's lawyer whether a depiction of his genitalia had any "news value," former Gawker editor AJ Daulerio responded "no". The six-person jury consisted of four women and two men. Gawker tried to get Judge Campbell to dismiss the case based on that ruling, but the case went to trial. The injunction was quickly stayed on appeal, and was denied in 2014 by the appeals court, which ruled that under the circumstances it was an unconstitutional prior restraint on speech under the First Amendment. Gawker announced that it would not comply with the part of the court order requiring the removal of the post and associated commentary because it deemed the order "risible and contemptuous of centuries of First Amendment jurisprudence." Gawker removed the video itself, but linked readers to another site hosting the video. There, his request for an injunction was granted by Judge Pamela Campbell in 2013. Whittemore denied Bollea's motion, ruling that the validity of the copyright was in question, and that given the degree to which Bollea had already put his own private life into the public arena, the publication of the video might be protected by fair use.īollea dismissed the federal case and sued Gawker in Florida state court. On November 2, 2016, Gawker reached a $31 million settlement with Bollea.īollea originally sued Gawker for copyright infringement in the United States District Court for the Middle District of Florida, seeking a temporary injunction. Gawker Media's assets were subsequently sold to Univision Communications, who announced that they were closing. Three months after the verdict, Gawker filed for Chapter 11 bankruptcy protection and put itself up for sale. In March 2016, the jury found Gawker Media liable and awarded Bollea $115 million in compensatory damages and $25 million in punitive damages. Contentsīollea sought $100 million in damages. Prior to trial, Bollea's lawyers claimed that the privacy of many Americans was at stake while Gawker's lawyers asserted that the case could hurt freedom of the press in the United States. Bollea's claims included invasion of privacy, infringement of personality rights, and intentional infliction of emotional distress. Gawker was a Florida lawsuit in which Terry Gene Bollea, known professionally as Hulk Hogan, sued Gawker Media, publisher of the Gawker website, and several Gawker employees and Gawker-affiliated entities, for posting portions of a sex tape of Bollea with Heather Clem, at that time the wife of radio personality Bubba the Love Sponge.
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