TCB LAW logo

  TURKEL CUVA BARRIOS

Author picture

Hulk Hogan, Gawker Brace for Jury Verdict at Sex Tape Trial

Share this post

“Do you think the media can do whatever they want?” asked Hogan’s attorney in closing arguments.

The time has nearly come for a verdict in the first-ever trial pitting a celebrity against a media organization for the posting of a sex tape. The proceedings represent a probing of newsworthiness and whether the press can be held to maintain a standard of decency. More than three and a half years since Gawker published a post titled, “Even For A Minute, Watching Hulk Hogan Have Sex In A Canopy Bed Is Not Safe For Work But Watch It Anyway,” jury deliberations began after Hogan and Gawker gave a six-member jury in a Florida courtroom their closing arguments. These jurors began deliberations without having yet seen the sex tape in question.

Hogan (real name: Terry Bollea) contends that a less-than-two-minute excerpt of a 30-minute video, showing the famous wrestler sleeping with Heather Cole, then the wife of his best friend Bubba the Love Sponge (a radio host born Todd Clem), was an invasion of privacy, illegal wiretapping, a violation of the right of publicity and inflicted emotional distress. In weighing Hogan’s claims, the jury has been instructed to consider whether the video was highly offensive and was outside the bounds of human decency, causing (purposely or by reckless disregard) Hogan to experience shame and embarrassment. The jury will also consider whether Hogan had a reasonable expectation of privacy and whether Hogan’s name and likeness was used in a commercial purpose. If Hogan has proven the elements of his claims, the jury will also take up Gawker‘s defense — that the publishing of the video is protected by the First Amendment because it related to a public concern, meaning it was “newsworthy.”

Before closing arguments began, Pinellas County Judge Pamela Campbell noted the line between free speech and unfair intrusion, telling the jury they’d have to consider what “ceases to be the giving of legitimate information to which the public is entitled and becomes a morbid and sensational prying into private lives for its own sake.”

Ken Turkel gave Hogan’s summary of the case.

More...