Hulk Hogan, Gawker prepare to head to trial over s-e-x t-a-p-e

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Hulk Hogan, Gawker prepare to head to trial over s-e-x t-a-p-e

Terry “Hulk Hogan” Bollea is in final preparations to take the gossip website Gawker to court over a leaked sex tape. The trial, set for July 6 in Florida, is unprecedented, since it will be the first time a celebrity suing over a leaked sex tape is getting his or her case to a jury.

Nick Denton is confident Gawker will win its $100 million lawsuit over Hulk Hogan’s sex tape

Bollea is suing Gawker for $100 million after a 2006 video of him having sex with Heather Clem, ex-wife of radio host and his friend “Bubba the Love Sponge” Clem, was posted on Gawker.com. Gawker’s founder Nick Denton claimed the tape, which garnered over 2.5 million views, was newsworthy.

Bollea disagrees. His attorney Charles Harder says publishing the video violated his client’s right to privacy, especially since Bollea claims he was not aware he was being filmed.

“He has the right to be naked in a private bedroom without the world being permitted to watch,” Harder fold FOX411. “The First Amendment does not allow cameras into private [bedrooms] when the subject is not aware of it and does not consent to it—as happened to Mr. Bollea. Gawker and Denton do not have the right to turn bedroom walls into windows.”

According to court documents, Bollea, 61, has suffered “injury, damage, loss, harm, anxiety, embarrassment, humiliation, shame and severe emotional distress.” Another lawyer for Bollea, David Houston, says they want to teach Gawker a lesson about decency and privacy.

“We have fought them and will continue to fight them to protect the basic values we all hold so important,” Houston said. “It is time to put an end to the immoral bullies hiding behind the First Amendment.”

But President and General Counsel for Gawker Heather Dietrick says the site is just doing its job.

“Here is this tape of this guy having sex with another man’s wife, with his blessings. No judgment from us,” Dietrick told FOX411 with a chuckle. “Gawker doesn’t care what you do in regard to that. But people should be able to know and make their own decisions as to what is going on in the whole world.”

Dietrick acknowledged that Gawker faces some serious hurdles, but says they have the First Amendment on their side.

“We are facing a trial in Hulk Hogan’s hometown, which is obviously difficult, like them having a home court advantage, but I think that we will be able to tell our story in a persuasive way,” she told us. “I don’t think you have to be a First Amendment scholar to understand the importance of the story, whether or not it’s about a sex tape or some other piece of leaked info – it is important for a reporter to tell a real story in the face of misinformation out there.”

Entertainment lawyer Julian Chan, who doesn’t represent either side, says the case could go either way, depending primarily on how Gawker obtained the video.

“If it was obtained illegally, it will fall on the side of Hogan,” Chan said. “If it was properly received—or even if it was obtained from someone else who stole it— as long as Gawker did not encourage them in wrongdoing, then they have a good chance to prevail.”

Yahoo News reports;

According to a court filing obtained by Business Insider, here’s how Denton plans to fight the charges:

1. The story was newsworthy.
Former editor-in-chief A.J. Daulerio testified that the video is a subject of ongoing public controversy. The video was taken at the time when both Clem and Hogan were married, but Hogan had previously denied the infidelity. In 2011 on the Howard Stern Show, Hogan replied “no” and cited “man law, brother” when asked if Clem’s divorce from Bubba had been due to cheating.

2. Hogan is a public figure.
Hogan published an autobiography called “My Life Outside The Ring” so that he could “open up about everything in his life.” He and his entire family were in a reality TV show called “Hogan Knows Best,” where he gave producers a set of keys so they could creep into the house and film his sleeping family. He wrote, “I didn’t care if my butt was hanging out or if I had drool on my pillow.”

3. Hogan hasn’t exactly been tight-lipped when it comes to his love life.
Hogan has engaged in continuous sexual banter on programs like “Bubba the Love Sponge Show.”He’s disclosed explicit details about his and wife Linda’s sexual activities on Bubba’s radio program, providing the specifics on how he and Linda were playing “stick shift” in the car the day before.

4. The media had already discussed his sex life long before the tape.
As early as seven months before the release, the VH1 Access website released an article called “Report: A Hulk Hogan Sex Tape Is Out There”. The Huffington Post, E-Online, The Daily Caller,TWNPnews.com and many others also published similar articles.

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