![]() ![]() ![]() Newsworthiness should be a decision made by the public not the courts. The defense cautioned that an adverse ruling against Gawker would set a precedent that substantially chills the speech of the media. In addition, Gawker’s defense advocated for a broad interpretation of “ newsworthiness” under the First Amendment. Given that Bollea had talked about his sex life on other media outlets, the public was indeed interested in his sex life and therefore the sex tape. The sex tape was an extension of these repeated assertions. Over the years, Bollea has not only been a star wrestler but specifically injected his sex life into the public eye through his reality TV show, talking to TMZ, and revealing details on the Howard Stern show where he even brought up the sex tape. Defense explained that Bollea placed his sex life in controversy by routinely talking about his sexual prowess and history in the public eye. Gawker’s defense team predominantly argued that the video was of public concern. In order to prevail in his suit, he had to prove that Gawker gave publicity to a matter concerning private affairs 1) that would be highly offensive to a reasonable person and 2) the information was not of public concern. Gawker’s defense team predominantly argued that the video was of public concern.īollea filed his lawsuit alleging five claims: invasion of privacy by intrusion upon seclusion, publication of private facts, violation of Florida common law right of publicity, intentional infliction of emotional distress, and negligent infliction of emotional distress. is their flagship website but other blogs have gained notoriety in the past such as, which broke the story about Bret Favre sending a New York journalist an explicit photo of himself. Gawker Media is a media conglomerate comprised of multiple blog websites. Bollea settled his claim against Bubba Clem for five thousand dollars while he maintained his actions against Heather Clem and Gawker Media. , Bollea (or Hulk Hogan) sued Gawker media for invasion of privacy, after the website published a video of Bollea engaged in sexual acts with Heather Clem, a wife of a shock jock by the name of Bubba the Love Sponge Clem. ![]()
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