Bollea v. Gawker#Aftermath

In 2006, Bollea was videotaped while having sex with Heather Clem; at trial he claimed that the videotaping was without his knowledge or consent.{{cite news|last=Madigan|first=Nick|url=https://www.nytimes.com/2016/03/08/business/media/hulk-hogan-sex-tape-gawker-lawsuit.html|title=Hulk Hogan Takes Stand in His Sex-Tape Lawsuit Against Gawker|work=The New York Times|date=March 7, 2016|access-date=March 12, 2016}} On The Howard Stern Show, Bollea told Stern that he had slept with Heather with Bubba Clem's blessing and his encouragement because he was so burnt-out from the trauma of his coming divorce that he finally gave in to the "relentless" come-ons from Heather who "kept going down that road." Bollea said that he knew that Clem had "an alternative lifestyle" and that he had stopped by their house "just to say hello" when Heather tempted him.{{cite news|last=Bustillos|first=Maria|url=https://www.vice.com/en/article/hulk-hogans-sex-tape-is-about-to-go-to-trial-gawker/|title=Everything You Need To Know About Hulk Hogan vs Gawker|work=Vice|date=July 1, 2015|access-date=March 12, 2016 }} Bollea later testified: "I was depressed. I gave up and gave in. I felt that those people loved me."

Bubba testified that he burned the video to a DVD, wrote "Hogan" on it, and put it in a desk drawer.{{cite news|last=Phillips|first=Anna|url=https://www.tampabay.com/news/courts/hulk-hogans-sex-tape-lawsuit-against-gawker-heads-to-trial/2267107/|title=Hulk Hogan's sex tape lawsuit against Gawker heads to trial|newspaper=Tampa Bay Times|date=February 28, 2016|access-date=March 12, 2016}}

On October 4, 2012, Gawker editor A. J. Daulerio published a two-minute extract from the 30-minute video, including 10 seconds of explicit sexual activity.{{cite web|url=http://gawker.com/5948770/even-for-a-minute-watching-hulk-hogan-have-sex-in-a-canopy-bed-is-not-safe-for-work-but-watch-it-anyway|title=Even for a Minute, Watching Hulk Hogan Have Sex in a Canopy Bed is Not Safe For Work but Watch it Anyway|last=Daulerio|first=A.J.|publisher=Gawker|archive-url=https://archive.today/20130124034806/http://gawker.com/5948770/even-for-a-minute-watching-hulk-hogan-have-sex-in-a-canopy-bed-is-not-safe-for-work-but-watch-it-anyway|archive-date=January 24, 2013|access-date=March 19, 2016|url-status=dead}}

Bollea originally sued Gawker for copyright infringement in the United States District Court for the Middle District of Florida, seeking a temporary injunction. Bollea's lawyer was Charles Harder.{{cite news|last1=Harder|first1=Charles|title=Hulk Hogan's Lead Lawyer Explains How His Team Beat "Arrogant," "Defiant" Gawker (Guest Column)|url=https://www.hollywoodreporter.com/thr-esq/how-hulk-hogan-beat-gawker-880687|access-date=April 6, 2018|work=The Hollywood Reporter|date=April 22, 2016}} U.S. District Judge James D. Whittemore denied Bollea's motion, ruling that the validity of the copyright was in question, and that given the degree to which Bollea had already put his own private life into the public arena, the publication of the video might be protected by fair use.{{cite court |litigants=Bollea v. Gawker Media, LLC |vol=913 |reporter=F. Supp. 2d |opinion=1325 |pinpoint= |court=M.D. Fla. |date=2012 |url=https://www.leagle.com/decision/inadvfdco131011000161 |accessdate=May 26, 2018 |quote=}}

Bollea withdrew his case in the US district court and sued Gawker in Florida state court. There, his request for an injunction was granted by Judge Pamela Campbell in 2013. Gawker announced that it would not comply with the part of the court order requiring the removal of the post and associated commentary because it deemed the order "risible and contemptuous of centuries of First Amendment jurisprudence." Gawker removed the video itself, but linked readers to another site hosting the video.{{cite web|url=http://gawker.com/a-judge-told-us-to-take-down-our-hulk-hogan-sex-tape-po-481328088|title=A Judge Told Us to Take Down Our Hulk Hogan Sex Tape Post. We Won't.|publisher=Gawker|last1=Cook|first1=John|access-date=March 19, 2016|archive-url=https://web.archive.org/web/20130428130143/http://gawker.com/a-judge-told-us-to-take-down-our-hulk-hogan-sex-tape-po-481328088|archive-date=April 28, 2013}}

The injunction was quickly stayed on appeal, and was denied in 2014 by the appeals court, which ruled that under the circumstances it was an unconstitutional prior restraint on speech under the First Amendment.{{cite court |litigants=Gawker Media, LLC v. Bollea |vol=129 |reporter=So.3d |opinion=1196 |pinpoint= |court=Fla. 2d DCA |date=2014 |url=https://www.leagle.com/decision/inflco20140117151 |accessdate=May 26, 2018 |quote=}} Gawker tried to get Judge Campbell to dismiss the case based on that ruling, but the case went to trial.{{Cite web|url=http://www.politico.com/media/story/2016/03/jury-awards-hulk-hogan-115-million-as-gawker-looks-to-appeal-004433|title=Jury awards Hulk Hogan $115 million as Gawker looks to appeal|date=May 18, 2016|website=Politico}}

The six-person jury consisted of four women and two men.{{cite news|url=https://www.washingtonpost.com/lifestyle/style/jury-awards-hulk-hogan-115-million-in-lawsuit-against-gawker-media-over-sex-tape/2016/03/18/219eaa90-ed53-11e5-b0fd-073d5930a7b7_story.html|title=Jury awards Hulk Hogan $115 million in lawsuit against Gawker Media over sex tape|author=Paul Farhi|date=March 18, 2016|newspaper=Washington Post |url-access=subscription |url-status=live |archive-url=https://web.archive.org/web/20190515063755/https://www.washingtonpost.com/lifestyle/style/jury-awards-hulk-hogan-115-million-in-lawsuit-against-gawker-media-over-sex-tape/2016/03/18/219eaa90-ed53-11e5-b0fd-073d5930a7b7_story.html |archive-date= May 15, 2019 }} The trial lasted two weeks.{{cite web|url=http://www.hollywoodreporter.com/thr-esq/hulk-hogan-gets-115m-verdict-876768 |first1=Eriq |last1=Gardner |title=Hulk Hogan Gets $115M Verdict Against Gawker at Sex Tape Trial|date=March 18, 2016|work=The Hollywood Reporter |url-status=live |archive-url=https://web.archive.org/web/20201124124925/http://www.hollywoodreporter.com/thr-esq/hulk-hogan-gets-115m-verdict-876768 |archive-date= Nov 24, 2020 }} During the trial, Gawker argued that Bollea made his sex life a public matter, although on cross-examination, when asked by Bollea's lawyer whether a depiction of his genitalia had any "news value", former Gawker editor AJ Daulerio responded "no".Letitia Stein, "[https://www.reuters.com/article/us-people-hulkhogan-idUSKCN0WG1A5 Gawker editor admits limit to news value at Hulk Hogan sex-tape trial]", Reuters (March 14, 2016). Bollea said that comments made in interviews were done in his professional wrestling character, an on-air persona different from his own.{{cite web|url=https://www.independent.co.uk/news/people/hulk-hogan-gawker-suit-wrestler-claims-even-his-character-was-embarrassed-by-sex-tape-a6918786.html|title=Hulk Hogan Gawker suit: Wrestler claims even his character was embarrassed by sex tape|last=Saul |first=Heather|date=March 8, 2016|work=The Independent|access-date=August 1, 2016}} The court was shown a taped deposition where Daulerio said that he would consider a celebrity sex tape non-newsworthy if the subject was under the age of four.{{cite web|url=https://www.theguardian.com/media/2016/mar/09/gawker-media-trial-hulk-hogan-aj-daulerio|title=Former Gawker editor: I wouldn't publish the sex tape of a four-year-old|author=Amanda Holpuch|work=the Guardian|date=March 9, 2016}} Daulerio later told the court he was being flippant in his response.{{cite web|url=https://www.nytimes.com/2016/03/15/business/media/ex-gawker-editor-backs-off-testimony-in-hulk-hogan-case.html|title=Ex-Gawker Editor Backs Off Testimony in Hulk Hogan Case|date=March 15, 2016|work=The New York Times}}

On March 18, 2016, the jury delivered a verdict in favor of Bollea. The jury awarded him $115 million in compensatory damages, which included $60 million for emotional distress. The jury awarded Bollea an additional $25 million in punitive damages on March 21.

Reactions to the verdict ranged from those supporting it and decrying voyeuristic publications, to those describing it as of limited scope which doesn't damage free speech, to those describing the verdict and the large judgment as having a deeply chilling effect on journalism when courts can decide newsworthiness.{{Cite news|url=https://www.theatlantic.com/entertainment/archive/2016/03/gawker-hulk-hogan-sex-tape-verdict-pr-the-view-good-morning-america-publicity/475257/|title=Is There Any Defending the Publication of a Sex Tape Without Permission?|last=Kornhaber|first=Spencer|date=March 24, 2016|work=The Atlantic|language=en-US|access-date=June 2, 2016}}{{Cite news|url=http://www.thenation.com/article/does-hulk-hogans-lawsuit-against-gawker-really-threaten-freedom-of-the-press/|title=Does Hulk Hogan's Lawsuit Against Gawker Really Threaten Freedom of the Press?|date=March 21, 2016|newspaper=The Nation|access-date=June 2, 2016|issn=0027-8378}}{{Cite news|url=http://fortune.com/2016/03/22/gawker-hogan-appeal/|title=Here's Why the Gawker Verdict Should Be — and Likely Will Be — Overturned|date=March 22, 2016|work=Fortune|access-date=June 2, 2016}}

File:Nick Denton @ SXSW 2017 (32594788484).jpg in 2017.]]

Gawker CEO Nick Denton said the company would appeal the verdict. In early April 2016, Gawker Media filed two post-trial motions in the trial court.Steven Perlberg, [https://www.wsj.com/articles/gawker-begins-appeal-of-140-million-hulk-hogan-verdict-1459889289 Gawker Begins Appeal of $140 Million Hulk Hogan Verdict], Wall Street Journal (April 5, 2016). In one motion, the company sought to throw out the jury verdict, arguing that "key evidence was wrongly withheld" and the jury instructions on the constitutional standards for newsworthiness were improper. In another motion, Gawker argued that even if the verdict stands, the amount of damages should be greatly reduced, arguing that the emotional damage award exceeded amounts found to be excessive in severe personal injury cases and that the economic damages were improperly calculated.{{Cite web|url=http://www.litigationandtrial.com/2016/05/articles/attorney/hogan-v-gawker-legal-faq/|title=Hulk Hogan v Gawker Legal FAQ – In Their Lawyers' Words {{!}} Litigation & Trial Lawyer Blog|website=www.litigationandtrial.com|date=May 26, 2016|access-date=May 26, 2016}} In late May 2016, the trial judge denied both motions.Rolfe Winkler & Steven Perlberg, [https://www.wsj.com/articles/gawker-seeks-reduction-in-judgment-after-reports-say-billionaire-backed-plaintiff-hulk-hogan-1464185082 Florida Judge Denies Gawker's Motion for New Trial in Hulk Hogan Case], Wall Street Journal (May 25, 2016).

In May 2016, it was reported that Bollea had sued Gawker again, alleging that they were responsible for leaking sealed court documents that had quoted him using racial slurs. The transcripts were published by the National Enquirer, and World Wrestling Entertainment (WWE) subsequently fired him. Gawker denied being responsible for the leak. Bollea would be re-signed by WWE on July 15, 2018.{{cite web|url=https://www.nbcnews.com/news/us-news/hulk-hogan-sues-gawker-again-over-racist-comment-leak-n566256|title=Hulk Hogan Sues Gawker, Again, Over Racist Comment Leak|agency=Associated Press|work=NBC News}}

Billionaire Peter Thiel, a co-founder of PayPal and former Facebook board member, paid $10 million to help finance lawsuits against Gawker Media, including the Bollea lawsuit. The idea had been brought to him by Australian businessman Aron D'Souza. Thiel called his financial support of Bollea's case "one of my greater philanthropic things that I've done."{{cite news|url=https://www.nytimes.com/2016/05/26/business/dealbook/peter-thiel-tech-billionaire-reveals-secret-war-with-gawker.html|title=Peter Thiel, Tech Billionaire, Reveals Secret War With Gawker|first=Andrew Ross|last=Sorkin|newspaper=The New York Times|date=May 25, 2016}}{{cite news |last1=Butler |first1=Ben |title=Australian who helped Peter Thiel bankrupt Gawker sues ex-business partner |url=https://www.theguardian.com/australia-news/2020/jan/24/australian-who-helped-peter-thiel-bankrupt-gawker-sues-ex-business-partner |access-date=27 July 2023 |work=The Guardian |date=24 January 2020}}{{cite news |last1=Mac |first1=Ryan |title=This Man Helped Peter Thiel Demolish Gawker |url=https://www.buzzfeednews.com/article/ryanmac/this-is-the-man-who-helped-peter-thiel-demolish-gawker-mr-a |access-date=27 July 2023 |work=BuzzFeed News |date=23 February 2018 |language=en}} Gawker had published an article in 2007 outing Thiel as gay.{{cite news|last1=Sorkin|first1=Andrew Ross|title=Peter Thiel Is Said to Bankroll Hulk Hogan's Suit Against Gawker|url=https://www.nytimes.com/2016/05/25/business/dealbook/peter-thiel-is-said-to-bankroll-hulk-hogans-suit-against-gawker.html|access-date=January 9, 2017|work=The New York Times|date=May 25, 2016}}{{cite news|last1=Alpert|first1=Lukas I.|title=Gawker Seeks Probe of Thiel's Relationship with Hogan's Lawyer|url=https://www.wsj.com/articles/gawker-seeks-probe-of-thiels-relationship-with-hogans-lawyer-1476221169|access-date=January 9, 2017|work=Wall Street Journal|date=October 11, 2016}}

On June 9, 2016, Gawker filed a motion for a stay of execution of judgment pending appeal. In the motion and accompanying affidavits from Gawker Media personnel, the company stated that it could not afford to pay the $140.1 million judgment or the $50 million appeal bond.Peter Sterne, [http://www.politico.com/media/story/2016/06/gawker-files-for-bankruptcy-to-protect-assets-from-hogan-004593 Gawker Media files for bankruptcy: Company files for Chapter 11 to protect assets from seizure by Hulk Hogan], Politico (June 10, 2016) (citing and linking to [http://www.politico.com/media/f/?id=00000155-3c01-d22f-abf7-7cbf7ab60002 Gawker's motion]).

On June 10, 2016, Gawker filed for Chapter 11 bankruptcy protection and put itself up for sale. Denton personally filed for Chapter 11 bankruptcy protection on August 1.{{cite web |url=http://www.politico.com/media/story/2016/08/gawker-founder-nick-denton-to-file-for-bankruptcy-004691 |title= Gawker founder Nick Denton to file for bankruptcy |last1=Sterne |first1=Peter |date=August 1, 2016 |work=Politico |access-date=August 1, 2016}}

Univision Communications bought Gawker Media's assets for $135 million at a bankruptcy auction on August 16, 2016.{{cite web |url=https://www.reuters.com/article/us-gawker-bankruptcy-auction-idUSKCN10R2IV |title= Univision to buy Gawker out of bankruptcy for $135 million |last1=DiNapoli |first1=Jessica |date=August 17, 2016 |publisher=Reuters |access-date=August 18, 2016}} The sale to Univision included six Gawker websites—Deadspin, Gizmodo, Jalopnik, Jezebel, Kotaku, and Lifehacker—which were not involved with the publication of the Bollea materials.{{cite web|last1=Calderone|first1=Michael|title=Gawker.com Ending Operations Next Week|url=http://www.huffingtonpost.com/entry/gawker-closing_us_57b5e870e4b0fd5a2f41cbb5|website=The Huffington Post|date=August 18, 2016}} The sale did not include the continued operations of the flagship Gawker website. On August 18, 2016, it was announced that the main Gawker site would be shut down by the next week.{{Cite web|url=http://gawker.com/gawker-com-to-end-operations-next-week-1785455712|title=Gawker.com to End Operations Next Week|last=Trotter|first=J.K.|language=en-US|access-date=August 18, 2016}} Gawker's article archive would remain online and its employees will either be transferred to the remaining six websites or elsewhere in Univision.{{cite web|last1=Rife|first1=Katie|title=Hulk Hogan further vindicated as Univision shuts down Gawker|url=http://www.avclub.com/article/hulk-hogan-further-vindicated-univision-shuts-down-241350|website=The A.V. Club|access-date=August 19, 2016|date=August 18, 2016}}

On November 2, 2016, Gawker Media and Bollea reached a $31 million settlement. As a result of the settlement, Gawker forwent its appeal and three articles from gawker.com were taken down, including the one involving Bollea.

In an open letter to Thiel after losing the case, Denton accused Thiel of making them "stripped naked", together with the warning "in the next phase, you too will be subject to a dose of transparency. However philanthropic your intention, and careful the planning, the details of your involvement will be gruesome."{{cite news |last1=Nakamura |first1=Reid |title=Nick Denton’s Open Letter to Peter Thiel: ‘This Is Twisted’ |url=https://sg.news.yahoo.com/nick-denton-open-letter-peter-thiel-twisted-224622733.html |access-date=5 June 2025 |work=Yahoo News |date=26 May 2016 |language=en-SG}} Later in 2025 though, Denton said that Thiel was right and did him a favor in forcing the sale of Gawker Media.{{cite news |last1=Peele |first1=Anna |title=Nick Denton on Betting Against Elon Musk, Aligning With Peter Thiel, and Selling That SoHo Loft |url=https://www.vanityfair.com/news/story/nick-denton-interview-thiel-musk?srsltid=AfmBOoo_k6HjUuLjM3HfSO4tVGzfq8rNakdcma4ydfexWFYURgCBLJcW |access-date=5 June 2025 |work=Vanity Fair |date=24 March 2025}}

Other lawsuits followed naming Hiscox Insurance, Cox Radio, Terry Bollea, Mike Calta (of the Mike Calta Show), and Matthew Christian Lloyd (a radio personality formerly employed by Bubba the Love Sponge).{{cite web

|url=https://floridapolitics.com/archives/319280-hulk-hogans-sex-tape-is-in-the-news-again-but-this-ones-not-about-gawker

|access-date=December 2, 2020

|title=Hulk Hogan's sex tape is in the news again, but this one's not about Gawker

|last1=

|date=February 14, 2020 |website=floridapolitics.com

|publisher=Peter Schorsch of Extensive Enterprises

}}

• Celebrity sex tape

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• {{cite book | author= Holiday, Ryan|author-link=Ryan Holiday|year=2018 | title= Conspiracy: Peter Thiel, Hulk Hogan, Gawker, and the Anatomy of Intrigue | publisher=Portfolio | isbn=978-0735217645 }}

{{Hulk Hogan}}

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