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Gawker sex tape post left Hulk Hogan 'naked and exposed', lawyer argues Gawker sex tape post left Hulk Hogan 'naked and exposed', lawyer argues
(about 17 hours later)
Hulk Hogan described how his life was turned “upside down” by the publication of a sex tape on Gawker, testifying on the opening day of a trial that pits the former wrestler’s right to privacy against the news site’s claim to have been acting in the public interest.Hulk Hogan described how his life was turned “upside down” by the publication of a sex tape on Gawker, testifying on the opening day of a trial that pits the former wrestler’s right to privacy against the news site’s claim to have been acting in the public interest.
Hogan, whose real name is Terry Bollea, is fighting a $100m law suit against Gawker Media over its publication in 2012 of a video showing Hogan having sex with Heather Clem, the then-wife of his best friend, local radio DJ Bubba “the Love Sponge” Clem.Hogan, whose real name is Terry Bollea, is fighting a $100m law suit against Gawker Media over its publication in 2012 of a video showing Hogan having sex with Heather Clem, the then-wife of his best friend, local radio DJ Bubba “the Love Sponge” Clem.
Gawker was set up by British journalist Nick Denton in 2002, building its brand with gossip about the media elite before expanding into a network of sites covering feminism, sports and celebrities.
In lengthy scene-setting testimony that dwelled on his life history and entrance into wrestling, Hogan said that he had believed, at the time, that Bubba Clem was his “best friend”.In lengthy scene-setting testimony that dwelled on his life history and entrance into wrestling, Hogan said that he had believed, at the time, that Bubba Clem was his “best friend”.
But after his marriage collapsed, Hogan testified, Clem pressured him into sleeping with Heather – at first jokingly, but then persistently. Hogan had no idea that Clem had installed a camera in the bedroom in the radio DJ’s house where the footage was secretly recorded, he said.But after his marriage collapsed, Hogan testified, Clem pressured him into sleeping with Heather – at first jokingly, but then persistently. Hogan had no idea that Clem had installed a camera in the bedroom in the radio DJ’s house where the footage was secretly recorded, he said.
Heather Clem, testifying earlier on Monday, also said that Hogan was unaware of the existence of the camera.Heather Clem, testifying earlier on Monday, also said that Hogan was unaware of the existence of the camera.
Hogan said of the first time he slept with Heather Clem that his “gut was telling me this was wrong”. He said that before sleeping with Bubba Clem’s wife he asked the DJ: “you’re not filming me are you?”.Hogan said of the first time he slept with Heather Clem that his “gut was telling me this was wrong”. He said that before sleeping with Bubba Clem’s wife he asked the DJ: “you’re not filming me are you?”.
Bubba, Hogan testified, replied: “I would never do that to you.”Bubba, Hogan testified, replied: “I would never do that to you.”
After he learned of the existence of the tape, Hogan testified: “I was pretty rough – I felt numb ... My hands started shaking violently, I couldn’t quit shaking.” Asked how the whole thing has affected him, Hogan said: “well, it turned my world upside-down.”After he learned of the existence of the tape, Hogan testified: “I was pretty rough – I felt numb ... My hands started shaking violently, I couldn’t quit shaking.” Asked how the whole thing has affected him, Hogan said: “well, it turned my world upside-down.”
“I was completely humiliated,” he added.“I was completely humiliated,” he added.
Gawker’s legal team, which began cross-examining Hogan Monday afternoon, tried to catch inconsistencies in Hogan’s story using clips from interviews done at the time – specifically, about whether he knew Clem had security cameras in the house, and about whether, and when, he watched the video on Gawker.Gawker’s legal team, which began cross-examining Hogan Monday afternoon, tried to catch inconsistencies in Hogan’s story using clips from interviews done at the time – specifically, about whether he knew Clem had security cameras in the house, and about whether, and when, he watched the video on Gawker.
His cross-examination will continue Tuesday morning.His cross-examination will continue Tuesday morning.
Gawker sought to profit from the publication of the tape, according to the former wrestling star’s attorney who opened the lawsuit against the news website on Monday by declaring the video had left his client “naked and exposed”.Gawker sought to profit from the publication of the tape, according to the former wrestling star’s attorney who opened the lawsuit against the news website on Monday by declaring the video had left his client “naked and exposed”.
An attorney for Gawker, which could be forced into bankruptcy if made to pay out the $100m suit, countered that the news website did not profit from the publication, which was intended as a revelatory piece of public interest journalism.An attorney for Gawker, which could be forced into bankruptcy if made to pay out the $100m suit, countered that the news website did not profit from the publication, which was intended as a revelatory piece of public interest journalism.
“There are only three people who know for sure how Bollea ended up in that bed with his best friend’s wife,” Berry said in his opening statement. He suggested that Gawker was operating in the public interest by releasing an edited version of the sex tape, posted by former Gawker editor AJ Daulerio.“There are only three people who know for sure how Bollea ended up in that bed with his best friend’s wife,” Berry said in his opening statement. He suggested that Gawker was operating in the public interest by releasing an edited version of the sex tape, posted by former Gawker editor AJ Daulerio.
“Mr Daulerio knew that celebrity sex tapes had become a cultural phenomenon by 2012,” Berry said, before explaining that the public has been left wondering if sex tapes are “a publicity stunt”.“Mr Daulerio knew that celebrity sex tapes had become a cultural phenomenon by 2012,” Berry said, before explaining that the public has been left wondering if sex tapes are “a publicity stunt”.
Hogan’s attorney for the opening statements, Shane Vogt, emphasized that Gawker made a “conscious decision” to release the video as part of an effort to support its brand, increase page views and get money from advertisers, while Hogan suffered.Hogan’s attorney for the opening statements, Shane Vogt, emphasized that Gawker made a “conscious decision” to release the video as part of an effort to support its brand, increase page views and get money from advertisers, while Hogan suffered.
“For six months, this man [Hogan] stood there, naked and exposed,” said Vogt.“For six months, this man [Hogan] stood there, naked and exposed,” said Vogt.
It looks like nWo Hulk Hogan showed up for court today. #HulkvsGawk pic.twitter.com/VkJVIg3b31It looks like nWo Hulk Hogan showed up for court today. #HulkvsGawk pic.twitter.com/VkJVIg3b31
Vogt said Gawker loves stories like this “because advertisers will shower them with dollars”, and asserted that the post is “viral marketing”.Vogt said Gawker loves stories like this “because advertisers will shower them with dollars”, and asserted that the post is “viral marketing”.
“The reason they kept it up: power and profit,” said Vogt. “They wanted to inflict harm and they wanted to make money.”“The reason they kept it up: power and profit,” said Vogt. “They wanted to inflict harm and they wanted to make money.”
This is why, Vogt said, Hogan’s legal team is seeking “a reasonable fee” to be paid for each of the people who watched the video.This is why, Vogt said, Hogan’s legal team is seeking “a reasonable fee” to be paid for each of the people who watched the video.
Gawker’s attorney, Michael Berry, countered that the website did not profit from the publication because it was labeled as “NSFW”, which denotes content “not safe for work”, or content that should not be opened on a work computer. “Gawker did not make any money directly from this post,” Berry said.Gawker’s attorney, Michael Berry, countered that the website did not profit from the publication because it was labeled as “NSFW”, which denotes content “not safe for work”, or content that should not be opened on a work computer. “Gawker did not make any money directly from this post,” Berry said.
Instead, Berry said, Gawker posted the video to maintain the site’s commitment to cutting through spin and publicists to present the “unvarnished truth” about celebrities.Instead, Berry said, Gawker posted the video to maintain the site’s commitment to cutting through spin and publicists to present the “unvarnished truth” about celebrities.
Berry said that Hogan, once regarded as “America’s hero”, had spoken about deeply personal issues in the media before, including providing details of his sex life, in interviews and in his two autobiographies: My Life Outside the Ring and Hollywood Hulk Hogan, which Berry held up copies of for the court.Berry said that Hogan, once regarded as “America’s hero”, had spoken about deeply personal issues in the media before, including providing details of his sex life, in interviews and in his two autobiographies: My Life Outside the Ring and Hollywood Hulk Hogan, which Berry held up copies of for the court.
In a statement released after Gawker’s lawyers had made their opening statement, Hogan’s attorney David Houston said: “To this day they have no concern or shame as to their conduct but rather offer the weakest of justifications as it surrounds what amounts to pandering to the very issues that cause us to be present in court. Our goal will be to reveal what Gawker is, does and for what they stand.”In a statement released after Gawker’s lawyers had made their opening statement, Hogan’s attorney David Houston said: “To this day they have no concern or shame as to their conduct but rather offer the weakest of justifications as it surrounds what amounts to pandering to the very issues that cause us to be present in court. Our goal will be to reveal what Gawker is, does and for what they stand.”
The case has already been brought before a federal court, which ruled that Gawker was protected by the first amendment. This case is going through a local, civil court in Hogan’s home town of St Petersburg, Florida, and is expected to last three weeks.The case has already been brought before a federal court, which ruled that Gawker was protected by the first amendment. This case is going through a local, civil court in Hogan’s home town of St Petersburg, Florida, and is expected to last three weeks.