Page 6 - Gawker
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“Plaintiff’s public persona, including the publicity he and his
family derived from a television reality show detailing their
personal life, his own book describing an affair he had during
his marriage, prior reports by other parties of the existence and
content of the Video, and Plaintiff’s own public discussion of
issues relating to his marriage, sex life, and the Video all
demonstrate that the Video is a subject of general interest and
concern to the community,” (14)
In essence, the judge agreed with Gawker that the tape was
newsworthy. What under normal circumstances would have
ended the case only lead to a ramping up of the litigation
battle.
Controversy seemed to shadow Hogan. The World Wrestling
Entertainment (W.W.E.), which had stood by him after the
disclosure of the sex tape, cut ties with him after excerpts
from other tapes that had been secretly recorded by Bubba
the Love Sponge emerged in July 12015 where he had made
racist remarks. Thereafter, lacking a major partner in the
sport, Hogan withdrew from public view.
In early 2016 Gawker had its day in court where its lawyers
who also represented the co-defendants, Denton and
Daulerio, had done their research into Hogan’s background.
They found that he had boasted about his sexual prowess,
including the size of his penis; claimed numerous
extramarital affairs, in his book and in interviews; and even
broadcast his marriage-counselling sessions on television.
However, Hogan described Terry Bollea as a real person and
Hulk Hogan as an invented character. As he testified under
direct examination, they were, he said, ‘different people’.