![]() He's out there talking about this tape, and then dozens and dozens of media outlets are reporting on the existence of the tape, surmising what the circumstances are, what's going on, who's in it. That's simply one of the many facts that shows that this topic was in the public domain. You know, we used just a couple seconds of sex to show that he was in fact with his best friend's wife, with his best friend's blessing, and then mostly conversation between the two to reinforce the point that our author was making.īob: You know, I must ask you, Heather, it is Gawker's contention that if a public figure makes claims about his or her sexual behavior as a part of building their media persona that they are at pains to prove it if called upon to do so?ĭietrick: No, not at all. And lastly, it's visual proof that audiences today demand. Which was a good part of what the commentary was about. So we showed a few seconds of the tape to say, "hey, wait a second." Bubba comes into this video while the two have started, he says, "hey, you two do your thing." Third, it shows something about the public's fascination with celebrity sex tapes and how, in fact, when we watch them, they end up being pretty ordinary, pretty mundane. Before our publication you had media outlets reporting to the contrary, that Bubba was catching his wife in some kind of affair. Number two, it reveals that Bubba blessed the encounter. He later said he had sex with so many brunettes he couldn't remember who this one was. Hogan himself was out in the media saying he had never slept with Heather Clem, that he wouldn't do that to his buddy, that he adhered to some kind of man code before the tape was released. There was public discussion about who was in that video. Number one, it definitively proved that it was indeed Heather Clem that Hogan appeared with in the tape. What did it add to the public understanding of anything?ĭietrick: Sure, the tape did a couple of things. What exactly would the public interest be in you showing this particular tape? It doesn't add any extra information, it's just lurid, grainy video. It wasn't entirely surprising given that we weren't able to tell the jury our full story.īob: Yeah, chilling effect, we will come to that because that gets to the First Amendment claims. The numbers were a bit startling, though.ĭietrick: It's certainly a huge number and has a chilling effect. You actually said so in public before the verdict even came down. Petersburg, Florida would decide in Hulk Hogan's favor. Heather Dietrick: Thank you, glad to be here.īob: It probably wasn't a huge surprise to you that the jury in St. Heather Dietrick is President and General Counsel of`Gawker Media. Gawker says it will appeal, both on First Amendment grounds, and based on suppressed evidence that Hulk Hogan was not shy about his private parts but about his private thoughts. But that legal strategy was unavailing, so he asked a Florida court to find Gawker liable for invasion of privacy and emotional distress. And, the jury delivered, to the tune of $115 million in compensatory damages plus $25 million more in punitive damages. Gawker's the ultimate bully and I just didn't want it to happen to you or anybody here.īob: Maybe that was his motive in filing suit, although the case began as a claim of copyright infringement. Hogan had asserted that his naked image belonged to him, not Gawker. And, and, especially any kids that are on social media, the kids take pictures of them at high school. Hogan: I made people aware that this shouldn't happen to normal people, you know. Meanwhile, here was Hogan on ABC's The View, explaining his grievance in terms of cyber bullying. If you're prepared to accept this soap opera as a First Amendment test, that dispute matters. Documents unsealed this week show Bubba said Hogan certainly did know. Hogan claims he didn't know Bubba had wired his bedroom with cameras. It features Hogan, real name Terry Bollea, in flagrante delicto with the then wife of his friend, a shock jock whose legal name is, of course, Bubba the Love Sponge Clem. The battle focuses on a nearly two-minute excerpt of a sex tape made in 2007 that Gawker published in 2012. Almost every detail of the legal battle between the American wrestler Hulk Hogan and the website Gawker is salacious. Bob: This is a special podcast edition of On the Media.
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