Page 8 - Gawker

Hogan’s lawyers however, had called Mike Foley, a professor

at the University of Florida to testify. He explained his view

that journalists, in deciding what to publish, should follow

the “Cheerios test” namely that, “You think, How will Mr. and

Mrs. St. Petersburg react over breakfast? You have to step back

and ask, Is it necessary?” (11)

The defendants, in the form of Daulerio, did their case no

favours when in a deposition, Daulerio was asked if he could

imagine a situation where a celebrity sex tape would not be

newsworthy.

“If they were a child,” Daulerio replied.

“Under what age?” he was asked.

“Four,” he replied.

If it was a joke it was in poor taste.

In court Nick Denton said of the Hogan tape that it was

'sweet', 'perfectly judged', and 'humanizing' though he did

admit that some parts of the Hulk Hogan sex tape story

made him uncomfortable.

Denton portrayed Gawker's foundational principle as:

‘’’That a conversation between two journalists over a drink is

more interesting than what actually makes it in the

newspaper.

"You can call it gossipy," he said. "I just like to call it true."’