While he may be better remembered as a pro wrestler, perhaps Hulk Hogan’s most notable victory was inside a Florida courtroom.
A 2016 civil trial over Gawker Media’s coverage of Hogan’s sex tape pitted the US Constitution’s First Amendment right to freedom of speech against the privacy rights of celebrities.
It ended with the jury awarding Hogan a whopping $212 million (which was later settled out of court for $47 million).
Putting Gawker out of business, it also ensured Hogan, who died on Thursday at age 71, would have an indelible impact on media law.
Ironically, for the MAGA supporter, it would also unwittingly pave the way for Donald Trump’s court cases against “fake news”, including the Wall Street Journal and CBS.
Hulk Hogan’s Florida court victory was spurred after a media site published his sex tape. (Reuters: Tampa Bay Times/John Pendygraft/Pool)
Hogan ‘humiliated’ by trial and leaked tape
Hogan, whose given name was Terry Bollea, sued Gawker for invading his privacy after the website in 2012 posted an edited version of a video of Hogan having sex with his best friend’s wife.
His friend, DJ Bubba The Love Sponge Clem, gave his blessing to the coupling and recorded the video that was later leaked to Gawker.
Hogan insisted he was unaware the intimate encounter was being filmed.
The former WWE champion testified that he was “completely humiliated” when the sex video became public.
Wrestling star Hulk Hogan dies aged 71
The three-week trial was streamed live online and closely followed by thousands of wrestling fans.
Salacious details emerged about Hogan’s sex life, including images of him in thong underwear.
Other testimony focused on how New York-based Gawker practised journalism differently than traditional news outlets.
Verdict put ‘media outlets on notice’
The jury ultimately rejected arguments by Gawker’s attorneys that Hogan’s sex tape was newsworthy and therefore, protected speech under the First Amendment.
Samantha Barbas, a University of Iowa law professor who writes about press freedoms and First Amendment issues, has said the case put “media outlets on notice”.
She said it also emboldened celebrities and those in the public spotlight to be more aggressive in suing over unflattering news coverage.
“I think the lasting effect of the Hulk Hogan case was, it really started this trend of libel and privacy lawsuits being weaponised to kind of take down these media organisations,” Ms Barbas said.
Hogan argued his reputation was tarnished by the sex tape and subsequent trial. (AP: Corey Struller)
Amy Gajda, a Brooklyn Law School professor who followed and wrote about the case against Gawker, said today, more people were aware of their ability to sue.
“[They] understand that it’s possible to sue someone for revealing something truthful, as long as that something is deeply personal and its publication is highly offensive,” she said.
However, news outlets still have broad legal protection for publishing information about public figures, even things that would generally be considered private, Professor Gajda added.
“As long as there is news value in what is published and the media can argue that effectively, they can get a privacy case dismissed very early on,” she said.
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As news of Hogan’s death became public, Mr Trump paid tribute to his “great friend”.
“Hogan was MAGA all the way — Strong, tough, smart, but with the biggest heart,” Mr Trump wrote on Truth Social.
“He entertained fans from all over the World, and the cultural impact he had was massive.”
AP/ABC
