Page 22 - Gawker
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Threat to the First
Amendment
Thiel’s covert backing of
Bollea’s case, as well as
others, raised a series of
questions about the First
Amendment as well as about
the role of big money in the
court system - specifically the emerging field of litigation
finance, in which third parties like hedge funds and
investment firms pay for other people’s lawsuits.
The Gawker verdict may also herald a new era, where judges
and jurors view the Internet, rather than newspapers, as the
dominant form of journalism. The Court came close to
saying, but never quite said, that publication of the truth
was always protected by the First Amendment.
But in an age when Internet publishers can, distribute
revenge porn, medical records, and sex tapes - all of it
truthful and accurate - courts are having second thoughts
about guaranteeing First Amendment protection.
Furthermore, the efficacy of journalistic judgment about
what constitutes “truthful information of public concern” is
now coming under increasing scrutiny and for some experts
the legacy from the Gawker case will be lasting implications
on the rights of the free press in the US.
