Page 7 - Gawker

Simply put the character Hulk Hogan was distinct from the

person Terry Bollea and in Hogan’s view, Gawker’s
disclosure violated the rights of Terry Bollea.

This distinction between Bollea and Hogan led to some

surreal moments during the court cross-examination.
Michael Sullivan, a lawyer for Gawker, played the excerpt

from Bubba’s radio show in which Hogan bragged about the

size of his penis. Sullivan then asked the plaintiff, “Do you
have any doubt as you sit in that witness stand today that you

were discussing the length of your penis on Bubba’s radio

program, any doubt?”

“Well, it’s not mine because mine isn’t that size, but we were

discussing the length of Hulk Hogan’s,” he answered.

“Seriously? So you weren’t discussing—” the lawyer continued.

“No, seriously, I do not have a ten-inch penis,” Bollea/Hogan

replied. “No, I do not, seriously.”

Gawker’s lawyers were forced to defend Gawker from a

privacy claim as opposed to a libel suit; taste rather than

accuracy as Hogan’s lawyers highlighted the difference in

standards between newspapers and the internet.

Daulerio when questioned commented that "It can come off

as pretty callous ... but that is the job of a journalist to put
information out there that's fair and accurate," Daulerio said.

That's Gawker's central defense in the case: “Hogan's sex tape

was legitimately newsworthy, and thus, publishing it should be
protected by the First Amendment.” (1)