Re:$115M verdict in Hulk Hogan sex-tape lawsuit could wipe o...
by harryh on Saturday March 19, 2016 @06:21PM
(#11320756)
You said:
"The 1st Amendment protects you from the GOVERNMENT, not from INDIVIDUALS."
I was merely pointing out that this statement is wrong. The 1st amendment does protect defendants in civil trials. In this case it was found (rightly or wrongly) that Hulk's right to privacy outweighed Gawker's freedom of speech, but that doesn't mean the 1st didn't apply at all. It simply means it lost this time.
It doesn't even mean that celebrity's rights to privacy will always outweigh freedom of speech. I'm sure that TMZ prints stuff every single day that celebrities would prefer to remain private and you don't see them losing lawsuits very often.
This was a very particular case right on the edge of the line. And, by the way, it will certainly be appealed and Gawker could very well win in a higher court.
"The 1st Amendment protects you from the GOVERNMENT, not from INDIVIDUALS."
I was merely pointing out that this statement is wrong. The 1st amendment does protect defendants in civil trials. In this case it was found (rightly or wrongly) that Hulk's right to privacy outweighed Gawker's freedom of speech, but that doesn't mean the 1st didn't apply at all. It simply means it lost this time.
It doesn't even mean that celebrity's rights to privacy will always outweigh freedom of speech. I'm sure that TMZ prints stuff every single day that celebrities would prefer to remain private and you don't see them losing lawsuits very often.
This was a very particular case right on the edge of the line. And, by the way, it will certainly be appealed and Gawker could very well win in a higher court.