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Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by nostromo on Friday June 10, 2016 @01:12PM (#11877889)
Gawker may have been terrible, but we should all be a bit concerned at the precedent this sets.

It's sort of like defending the free speech of terrible groups like the KKK. We do it because we treasure free speech, not because we support the KKK.

I generally have positive feelings about Thiel, but his actions here make me very uneasy. I worry that the aristocracy will now use this method to try and close down unfavorable media outlets. I believe this will have a chilling effect on the media in the US.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by GrumpyYoungMan on Friday June 10, 2016 @01:23PM (#11878010)
"Precedent this sets"? I think "Don't publish a illegally made video of people in a private moment or ignore court orders to take down the video." to be a rather positive precedent, don't you? That's the sort of chilling effect on media we should all be applauding.

Thief merely funded a court battle that had merit (in this case, quite a lot of merit) that Bollea probably could have won on his own. I fail to see what the hand-wringing about is about.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by dsabanin on Friday June 10, 2016 @01:33PM (#11878163)
A lot of questionable things are becoming illegal to publish lately.

For example, it's illegal to film what's happening inside a slaughterhouse[1]. Some people are getting into trouble for filming cops[2].

I'm not saying Gawker shouldn't be punished, but legality doesn't imply morality and free press in theory could be helping to review and change the immoral laws. The chilling effect from Gawker bankruptcy will be that, among other things, every publisher will know not to mess with the status quo.

One can easily imagine a next generation of laws that will make it illegal to publish leaked documents, like those that Snowden or Wikileaks released.

[1] http://www.thenation.com/article/charged-crime-filming-slaug... [2] http://www.copblock.org/1281/filmingpolice/

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by 1024core on Friday June 10, 2016 @03:05PM (#11879063)
> A lot of questionable things are becoming illegal to publish lately.

Come on. What goes on in a slaughterhouse affects all meat-eaters. It's a matter of public interest. But what happens in Hulk Hogan's bedroom between 2 consenting adults? And something that we all expect to keep private (except the exhibitionist types)? Not in the public interest at all. Would you call upskirt photos in the public interest? Or spycams in public bathrooms?

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by Taek on Friday June 10, 2016 @03:36PM (#11879333)
So we destroy an entire news outlet conglomeration?

That strikes me as overreach. There's clearly a privacy question here, but the video is real, the words are real, and the events actually happened.

I've never seen the video. I don't care. Hogan's sex life is not interesting to me. People already masterbate to him.

I'm struggling to understand how a large amount of damage was dealt.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by Mithaldu on Friday June 10, 2016 @04:49PM (#11879898)
They weren't destroyed because they did it. It happened because after the fact they refused to admit their fault and make up for it, and instead continued insisting they were in the right.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by misnome on Friday June 10, 2016 @02:21PM (#11878641)
> I'm not saying Gawker shouldn't be punished, but legality doesn't imply morality and free press in theory could be helping to review and change the immoral laws. The chilling effect from Gawker bankruptcy will be that, among other things, every publisher will know not to mess with the status quo.

Isn't the alternative that every journalistic publication is above the law? If it were/is a free speech issue, then presumably it will be overturned on appeal?

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by golemotron on Friday June 10, 2016 @01:53PM (#11878370)
I expect [1] to be overturned. Courts have pushed back against [2] every time it comes up.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by paul_f on Friday June 10, 2016 @06:55PM (#11880784)
Strawman. Nobody is suggesting this is illegal. But you should get your arse sued off civilly if you do this.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by FireBeyond on Friday June 10, 2016 @01:31PM (#11878134)
Yes, and Gawker had purchased insurance to deal with the ramifications of their actions.

Bollea's lawyers, as funded by Thiel, then decided to specifically drop the claim that would allow the damages payout to have been made from insurance. That's fairly vindictive.

Especially given Thiel's motive that "they outed me" - come on, Thiel's sexuality was probably the worst kept secret in the Valley. When you pose shirtless on a gay cruise, I think it's fairly safe the rest of the world didn't need Valleywag to tell them of your homosexuality.

I think a lot of what Gawker has done is repugnant.

But this is analogous to me making a bad mistake (even breaking the law) and causing a lot of damage in a car accident. In the civil trials that follow, I'm sued for damages, distress, medical bills, and the like. All well and good, as I should be.

And I have insurance. As I should have.

Except you don't like me, because I previously attacked you verbally.

So you say "Actually, your Honor, we're dropping all claims that are proximate to the accident itself, and only suing for everything that happened after the fact." which ever-so-conveniently takes my insurance off the hook for its ability to pay.

And you only do this -after- being assured you'll win, so no-one can question your real motivation (apparently, there was all this damage and distress you suffered, and you want recompense. Except now you don't, because you're removing the only realistic mechanism for you to obtain any recompense).

I don't think "secret motivations" and secret financiers should be a part of an open court system (and indeed, secretly financing lawsuits used to be and in most places is still illegal because it raises more ethical and moral questions than it answers).

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by rs999gti on Friday June 10, 2016 @01:37PM (#11878201)
> Especially given Thiel's motive that "they outed me" - come on, Thiel's sexuality was probably the worst kept secret in the Valley. When you pose shirtless on a gay cruise, I think it's fairly safe the rest of the world didn't need Valleywag to tell them of your homosexuality.

Does all that evidence matter? Shouldn't it be up to Theil when and where he outs himself instead of blog like Valleywag doing it for him?

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by CPLX on Friday June 10, 2016 @01:46PM (#11878314)
People keep saying things like that. But I keep wondering if they have considered the flip side of that, which is are we really comfortable saying that the personal relationships of rich and famous people shouldn't be in the media?

When I go to the supermarket I see 500 headlines about famous people dating and breaking up and cheating on their partners, etc.

Sure it's a little lowbrow but do we really feel that rumors about Brad Pitt and Carrie Underwood's dating life are ok to publish but his aren't? Are Peter Thiel's relationships specifically somehow exempt from this aspect of the culture?

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by ohnomrbill on Friday June 10, 2016 @04:48PM (#11879896)
I don't feel that celebrity dating life is ok to publish, actually. It's very seedy and not in the public interest in the average case. Celebrites are fairly open about their disgust for the constant filming of their private life. I would relish it if Brad Pitt or someone else got a similar judgement from the courts.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by Paul-ish on Friday June 10, 2016 @05:35PM (#11880234)
> I don't feel that celebrity dating life is ok to publish, actually. It's very seedy and not in the public interest in the average case.

Freedom of the press and freedom of speech is not about evaluating everything said and determining if something is "in the public interest" in the United States. I think that focus on the "public interest" aligns more with European or Chinese cultural values.

If we are talking about personal values, I am glad we don't have censors in the US. Even if you and I can agree celebrity gossip probably has no value, what get defined as "not in the public interest" is too easy to be politically determined.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by lotso on Friday June 10, 2016 @01:42PM (#11878270)
> Shouldn't it be up to Theil when and where he outs himself instead of blog like Valleywag doing it for him?

Agree, but it isn't illegal.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by ohnomrbill on Friday June 10, 2016 @04:59PM (#11879972)
But it is wrong. And Theil got revenge by backing a lawsuit which stood on its own merit - which also isn't illegal.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by jonny_eh on Friday June 10, 2016 @01:50PM (#11878346)
Apparently posting a sex tape is though.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by rs999gti on Friday June 10, 2016 @02:58PM (#11878978)
Not illegal. However Liberace gave Thiel legal precedence when Liberace himself successfully sued the Daily Mirror for hinting he was a homosexual.

https://en.wikipedia.org/wiki/Liberace_v_Daily_Mirror

http://www.theargus.co.uk/magazine/nostalgia/pastpresent/445...

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by wrsh07 on Friday June 10, 2016 @02:03PM (#11878481)
Two things. Both Gawker and Thiel are in the wrong here.

1) It feels obviously wrong to me to have someone publicly outed like that. [like you say, the evidence doesn't matter]

2) It feels sketchy for a wronged person to retaliate by having a nontrivial player in written media shut down.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by karmacondon on Friday June 10, 2016 @02:22PM (#11878650)
Thiel was well within his legal rights. "Both sides are wrong" is a common cop out. False equivalency isn't helping
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by wrsh07 on Friday June 10, 2016 @03:02PM (#11879033)
I wouldn't say they're equivalent.

I find a private, rich entity shutting down a media company much scarier than a media company publishing facts.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by Kalium on Friday June 10, 2016 @03:40PM (#11879368)
How about a wealthy media company acting in a way that exposes them to liability, relying the inability of those they have victimized to seek redress?
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by wrsh07 on Friday June 10, 2016 @04:21PM (#11879691)
I'm not saying Gawker is a martyr here.

But if you haven't, you really ought to read Benedict Evans piece on this:

> Again, though, Thiel has already won. He is fabulously wealthy and extremely influential, and say what you will about Gawker, the liberal democracy that made it possible for the companies Thiel has built and invested in to emerge depends on a free press; driving a publication to bankruptcy via lawyer fees may be legal by the letter of the law, and even deserved on a personal level, but it is in absolute violation of the spirit of the law and, I might add, a rather hypocritical — or is it ironic? — use of government by the avowed libertarian Thiel. What are more concerning, though — and implicit in this concern is a critique of libertarianism — are the second and third-order effects of Thiel’s approach.

> The most obvious second-order effect is that, as Felix Salmon writes, Thiel is providing a blueprint for the suppression of the press by the wealthy. But what concerns me — and what ought to concern Thiel, and all of the Silicon Valley elites celebrating his actions — are the third order effects. Specifically, Thiel’s actions are bringing into stark relief the fundamental weakness of old analog businesses like journalism relative to the incredible power and strength of the technology sector, and if companies follow Thiel’s example, the freedom that makes the emergence of said companies possible could quickly come under threat — and deservedly so.

https://stratechery.com/2016/peter-thiel-comic-book-hero/

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by Kalium on Friday June 10, 2016 @04:34PM (#11879795)
I see and understand where the author is coming from.

I just don't fully agree. I see a powerful person doing what nobody else was willing to do - hold a powerful and abusive media organization to account for their actions. It's far from ideal. However, no ideal answer was on offer. In an ideal world, this whole thing wouldn't have happened.

To me, it is a stepwise improvement over the previous state of affairs. This reminds powerful people and organizations of something important - they are not the only ones with power.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by jdminhbg on Friday June 10, 2016 @05:24PM (#11880152)
Wrong Ben -- that's Ben Thompson, not Benedict Evans.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by wrsh07 on Saturday June 11, 2016 @02:35PM (#11884667)
Oh geeze. Yup. I even read the Twitter follow-up. Too late to edit, though
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by kofejnik on Saturday June 11, 2016 @05:56AM (#11882861)
The judge shut down the company, not Thiel. Or are you saying the court was Thiel's sock puppet? Then you have a much bigger problem.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by FireBeyond on Friday June 10, 2016 @01:40PM (#11878236)
If you post a profile picture like that when you are a person of public interest, I think there's a fairly good argument that you -have- outed yourself, at least implicitly.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by nickff on Friday June 10, 2016 @01:46PM (#11878316)
So you'd like it if Gawker was trolling your feed (and those of your friends and family) for what they feel to be sufficient disclosure to post some gossip clickbait?
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by FireBeyond on Friday June 10, 2016 @01:52PM (#11878365)
If I was a public figure (as most billionaires are classified, by the courts), and posted a picture of me on a public profile page, then I would be entirely disingenuous to say "you have no right to know this!".

Just like in Gawker's case, decisions have consequences. Don't claim your sex life is private and no-one's business (and I have zero interest) whilst posting pictures of yourself on gay cruises.

"Like" it doesn't come into it. I don't have a right to stop people doing what I don't "like".

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by nickff on Friday June 10, 2016 @04:03PM (#11879564)
Who gets to determine if you're a public figure? Nick Denton? You might not approve of his standards or discretion. I hope you haven't posted any 'racy' pictures, or that you don't become dangerously successful.

I am all for free speech, but if we are going to have libel and defamation laws (which I have mixed feelings about), everyone should be allowed to avail themselves of the opportunity to obtain compensation from those who have 'wronged' them.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by Retra on Friday June 10, 2016 @11:59PM (#11881986)
Your right to privacy is essentially a right to determine what private moments get shared and which do not. It is not a decision you make once (at the time you become a public figure, or when you first post a private picture publicly.) It is a decision you are allowed to make with every private moment.

So this:

"Just like in Gawker's case, decisions have consequences. Don't claim your sex life is private and no-one's business (and I have zero interest) whilst posting pictures of yourself on gay cruises."

...is not saying that decisions have consequences. It is saying that people who make decisions you don't agree with have no right to privacy. You are arguing that a perceived moment of hypocrisy should somehow revoke a person's ability to make decisions.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by whatok on Friday June 10, 2016 @01:54PM (#11878393)
Can you show us where Thiel posted a picture of himself?
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by sofaofthedamned on Friday June 10, 2016 @01:37PM (#11878197)
Just out of interest - insurance may not have saved them. I have liability insurance etc but it's capped at £2 million. I doubt any corporate insurance plan for Gawker would be uncapped, so they may well have still gone under.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by FireBeyond on Friday June 10, 2016 @01:41PM (#11878257)
Also a good point, true. But it does put the lie to their claim, under oath, in court, that there was emotional damage suffered and that compensation was sought.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by Natsu on Friday June 10, 2016 @01:51PM (#11878358)
Actually, it could be construed as evidence of real emotional damage. That is, they'd rather see Gawker go under than get more money, because one would make them feel a lot better than the other.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by ht85 on Friday June 10, 2016 @02:05PM (#11878493)
Spinning things as much as you're legally allowed to make as much noise and money as possible is the basis of the whole industry Gawker and Hogan are part of.

There is zero morality in showbiz, it's all dares, counter-dares, lawyers and technicalities.

You fight fire with fire. I don't think it's unfair Gawker lost at their own game. Another one will fill the void anyway.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by olliej on Friday June 10, 2016 @01:39PM (#11878226)
They did have insurance, and when that became clear the claims were changed so that their insurancr wouldnt cover it.

This is: you hit me with a car, i find out what your insurance covers, and then make sure that your insurance wont cover it.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by drumdance on Friday June 10, 2016 @04:30PM (#11879759)
I don't understand how this is even possible. It seems to me that the plaintiff should have no say in how you pay for damages save perhaps being able to ask for a public apology.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by olliej on Friday June 10, 2016 @01:32PM (#11878144)
It wasnt illegally made, it wasnt stolen, it was in the public interest (hogan is a very public figure, and has gone on at length about being faithful, not cheating, loose morals of young people).

So... Reporting on that seems like actual information that should be public? Compare to the pamela anderson tape, which was with her husband, was literally /stolen from their home/, and was sold for profit. Judge ruled that there wasnt anythig they could do.

Meanwhile, Thiel who was using hogan as a proxy has literally just demonstrated that you cant afford to post opinion pieces about tech billionaires and their occassionally delusional comments about how people should behave.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by wheaties on Friday June 10, 2016 @01:41PM (#11878259)
Me knowing who someone screws is absolutely not in the public interest. A video of someone screwing that they don't want public and more specifically, didn't consent to film is also not in the public interest. Privacy is a right.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by throw10010110 on Friday June 10, 2016 @01:57PM (#11878420)
I'm posting this on a throwaway account for obvious reasons, so this comment is showing up as dead. Would someone mind vouching it? Thanks!

It wasnt illegally made, it wasnt stolen, it was in the public interest (hogan is a very public figure, and has gone on at length about being faithful, not cheating, loose morals of young people).

This fetish is called wifesharing. It's not cheating, and it's not immoral. You may not personally like the idea, but calling someone's fetish immoral when all parties consent to the act is strange. Saying that it's in the public interest to know is offensive.

There are many sources that say this was a consensual act. I won't post these sordid articles here, but they are very easy to find.

This is equivalent to someone being gay, and someone else saying that it's in the public interest for their immoral acts to be made public.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by dang on Saturday June 11, 2016 @01:19AM (#11882197)
I've unkilled your comment and marked the account legit, but please don't ask for people to vouch for a dead comment. That's no better than asking for votes, which isn't allowed. Also, please don't post the same comment twice.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by Natsu on Friday June 10, 2016 @01:55PM (#11878397)
Do you have a source on that? I understood that the film was stolen in addition to being taken without the knowledge or consent of Hogan.

FWIW, unless there's some real public interest beyond the prurient, I don't see why people should be able to publish anyone's private sex tapes without their consent. I would tend to say that the right to privacy should win in such cases.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by ht85 on Friday June 10, 2016 @01:56PM (#11878407)
Reporting on it isn't what got them taken down.

Posting the video got them in trouble (for obvious reasons), and refusing to take it down played a big role in the final sentence (aka death).

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by kofejnik on Friday June 10, 2016 @05:22PM (#11880137)
by extension, the Fappenning was public interest, too. But somehow Gawker is saying "In the summer of 2014, anonymous hackers flooded the internet with private nude photos of major (and minor) celebrities. Two years later, new details show the FBI thinks they identified Jennifer Lawrence’s hacker. But no one’s facing charges."
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by bdcravens on Friday June 10, 2016 @02:52PM (#11878917)
"hogan is a very public figure"

So it's OK as long as they cross the "very" threshhold?

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by splouk on Friday June 10, 2016 @01:40PM (#11878241)
Which opinion piece are you referring to? I thought that they outed him as gay?
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by cjahsh on Friday June 10, 2016 @01:58PM (#11878429)
The video WAS illegal because California is a two-party state. You can't record without the consent of ALL parties.

Also, just because it interests you and you're a member of the public does not make it a public interest

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by valarauca1 on Friday June 10, 2016 @01:30PM (#11878124)
Agreed. I don't understand the media's response. Gawker clearly violated the law. The headline they posted the Hulk Hogan video under admitted they were violating the law (or at least going against the council of their attorneys).

The only way this case is dangerous is if people start issuing bonds which are just a collection of partial settlements of still undecided lawsuits, funded by the purchase of said bond. This doesn't exist (as no banks are backing/issuing these bonds).

Its just media FUD due to them being held accountable for violating personal privacy laws.

If you are concerned the case cost to much here's a new issue for you to care about TORT REFORM.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by travmatt on Friday June 10, 2016 @01:41PM (#11878254)
This is what confused me so much about the outrage Gawker was trying to incite - didn't they explicitly ignore a court order so they could keep making money on a pornographic video published without the consent of those in it?

It was my impression that Nick Denton told the court to fuck itself by ignoring the court order, and then doubled down in his deposition.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by smt88 on Friday June 10, 2016 @01:25PM (#11878046)
> Don't publish a illegally made video of people in a private moment or ignore court orders to take down the video.

What about that video of Mitt Romney at a private campaign event, where he said some horrible stuff about poor people? That was a private video, probably made illegally.

Journalism is about making private things public when it suits the public. An individual (who is directly impacted by the revelations) should not be able to use the courts to crush that journalism.

Gawker has been repugnant and they shouldn't have done what they did to Hogan, but there could still be a bad precedent here.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by zeveb on Friday June 10, 2016 @03:45PM (#11879423)
> What about that video of Mitt Romney at a private campaign event, where he said some horrible stuff about poor people?

For the record, he didn't say anything horrible about poor people. What he said was:

> There are 47 percent of the people who will vote for the president no matter what. All right, there are 47 percent who are with him, who are dependent upon government, who believe that they are victims, who believe the government has a responsibility to care for them, who believe that they are entitled to health care, to food, to housing, to you-name-it. That's an entitlement. The government should give it to them. And they will vote for this president no matter what. And I mean the president starts off with 48, 49... he starts off with a huge number. These are people who pay no income tax. Forty-seven percent of Americans pay no income tax. So our message of low taxes doesn't connect. So he'll be out there talking about tax cuts for the rich. … My job is not to worry about those people. I'll never convince them they should take personal responsibility and care for their lives. What I have to do is convince the 5–10% in the center that are independents, that are thoughtful, that look at voting one way or the other depending upon in some cases emotion, whether they like the guy or not.

He simply stated the facts: there's nothing he can do to win over a certain fraction of the electorate without compromising his principles; thus there's no point focusing on it; thus he needs to spend his time as a candidate focusing on those who he can win over without compromising his principles.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by plandis on Friday June 10, 2016 @04:06PM (#11879583)
He did say bad stuff about poor people though. He incorrectly assumed that 47% of the US population will never take personal responsibility.

When you're taped stating that you are not even going to try to help 47% of the population because of a stereotype I think that people have a valid point to be upset about.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by ryanlol on Friday June 10, 2016 @04:26PM (#11879724)
>He incorrectly assumed that 47% of the US population will never take personal responsibility.

How do you know that he was incorrect?

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by dfraser992 on Friday June 10, 2016 @03:46PM (#11879429)
15 years ago, I met a videographer who told me a story about a job he was involved in in filming some internal meeting of the Libertarian Party in America. I realize it's hearsay, and I have no way to verify my statement, but I also have no reason to disbelieve him, given what I know of of human nature and his character in general (as much as I knew him).

Basically, his story was the upper leadership were caught on tape making comments about how the rank and file of Libertarians were essentially manipulated fools to prevent them from disrupting the power of the Republican Party. That is the gist of his story, as best I can remember. I have some sympathy for libertarian principles, and conservative ones, and liberal ones, so I am not an ideologue. This incident is entirely possible, given what I understand of human nature and how society/politics actually operates.

I agree with Gawker being repugnant etc; the story seems essentially salacious and its fundamental purpose was to drive website traffic. Are sex scandals that important, in the big picture? Only when they involve national security or other such public interest issues - e.g. General David Petraeus and his carelessness. Where is the line where exposing hypocrisy is in the public interest versus the essential rights of a person?

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by FussyZeus on Friday June 10, 2016 @01:54PM (#11878388)
The thoughts of a politician running for office ARE in the public interest because that person is campaigning to be elected to be a decision maker in the country.

Video of people having sex may be something the public is interested in, but it is not in the public interest. It's none of the public's business and the public should find more interesting things to be interested in.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by smt88 on Friday June 10, 2016 @02:03PM (#11878480)
Hogan has considered running for office multiple times, including saying he wants to be Trump's running mate[1]. Why should we distinguish between a powerful, famous businessman and actor and a politician? Anyone powerful and famous should be a public figure on the same footing.

1. http://www.washingtontimes.com/news/2015/aug/29/hulk-hogan-i...

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by FussyZeus on Friday June 10, 2016 @02:22PM (#11878646)
And how does video of Hogan nailing someone let you know how he would perform as a public official?
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by smt88 on Friday June 10, 2016 @02:31PM (#11878733)
Many people believe that violating your marriage vows is an indicator that you wouldn't be a trustworthy public official.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by spriggan3 on Friday June 10, 2016 @03:03PM (#11879038)
> What about that video of Mitt Romney at a private campaign event, where he said some horrible stuff about poor people? That was a private video, probably made illegally.

And Romney had the right to sue.He didn't what you're point ?

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by gizmo on Friday June 10, 2016 @01:35PM (#11878180)
Bollea couldn't win this on his own. He's a millionaire, but that's not enough when you're up against a 100 million dollar new media company. He would be forced to settle for a pittance. Thiel in contrast could afford to refuse all settlement offers and to take it all the way to a jury judgement. It's a messed up justice system, but in this case it worked out alright.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by SilasX on Friday June 10, 2016 @01:33PM (#11878155)
I don't sympathize, but it does reek of "jackpot justice". That's a horrible thing to do, but is it so horrible as to warrant an effective "death penalty" for any company that does it once?

And what about all the other people that were the victims of such an invasion of privacy, but didn't get a reward big enough to retire on thirty times over?

The core problem is that the "justice" system is so capricious that only a few victims get made whole, and when they do, it's bizarrely over the top.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by hodgesrm on Friday June 10, 2016 @01:41PM (#11878252)
The legal system fundamentally works like that. It's the "shoot one to encourage the others" approach. Not everyone gets made whole but the sort of behavior exhibited by Gawker will likely be a lot rarer in the future.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by SilasX on Friday June 10, 2016 @01:47PM (#11878328)
The literal death penalty also discourages "les autres", but most people also recognize it as woefully excessive for most crimes (if not all), and would recognize the system as fundamentally broken if that system also failed to punish 99% of murderers at all, as the civil justice system fails to punish 99+% of invasions of privacy.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by qq66 on Friday June 10, 2016 @01:34PM (#11878169)
The problem is that a sufficiently wealthy adversary can fund a case with little to no merit and the worst case outcome is having to pay the attorney's fees of the defendant. In the best case you can just bleed your opponent dry. This happened to Mother Jones.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by tinduck on Friday June 10, 2016 @02:42PM (#11878835)
The Mother Jones case is completely different. Florida has anti-SLAPP laws, Idaho doesn't.

Maybe Florida anti-SLAPP laws aren't good enough, I don't know. But it's a tough balance. Bollea's case was determine by a judge to have enough merit to take to court.

Bollea will probably lose on appeal. But he definitely has the right to his day in court.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by guelo on Friday June 10, 2016 @01:29PM (#11878105)
The real precedent is obviously "don't piss of billionaires because they have many ways they can crush you".
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by fooster on Friday June 10, 2016 @01:31PM (#11878127)
That isn't obvious to me at least. It was morally, ethically and legally wrong to publish that video. Now they pay the price.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by AlexandrB on Friday June 10, 2016 @01:48PM (#11878334)
If they hadn't published the Hogan video, the lawyers funded by Thiel would have found someone else who's been wronged by Gawker and the outcome would be similar. The moral really is don't anger the rich and powerful.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by jshevek on Friday June 10, 2016 @02:05PM (#11878494)
I don't see that. There seems to be a conspiracy theory floating around that Thiel was destined to destroy Gawker even if Gawker did nothing illegal, because "money and lawsuits".

I don't buy it. Courts routinely throw out frivolous suits, sometimes they even punish the people who start them.

Gawker lost because Gawker was wrong.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by valarauca1 on Friday June 10, 2016 @02:07PM (#11878509)
And if they weren't in violation of the law they wouldn't have to pay and had their court fees refunded by their counter suit.

Yes Thiel has shakey ethics. Gawker violated the law AND ethics. Neither side was good in this case.

If you think court cases are too expensive PERIOD... Then start caring about Tort Reform.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by ivl on Friday June 10, 2016 @01:53PM (#11878376)
I'm not so sure. Maybe "don't be a trash publication that skirts the law, and then defies orders to take things down when told by a judge".
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by valarauca1 on Friday June 10, 2016 @01:31PM (#11878137)
This has been true in America as long as the robber-baron class has existed.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by GunboatDiplomat on Friday June 10, 2016 @01:30PM (#11878125)
But that's always been a precedent.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by plandis on Friday June 10, 2016 @01:33PM (#11878156)
Everything you're saying is entirely true however the normal mechanisms that would have protected Gawker were skirted here. They structured lawsuits perfectly so that insurance never kicked in.

Should the company be penalized? Most definitely. Was it worth shutting an otherwise okay running business? Questionably.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by wrsh07 on Friday June 10, 2016 @02:13PM (#11878569)
... "merely" went looking for reasons to sue Gawker and happened to find a big one.

He has funded multiple suits against Gawker.

He wasn't giving a friend some money, he was explicitly searching out cases to take down a media company. That's a precedent.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by partiallypro on Friday June 10, 2016 @01:27PM (#11878076)
I'm a free speech absolutist, but what precedent does this set that's new? The person that leaked the "Fappening" items is also being prosecuted, why should a media publication like Gawker not be held accountable? No one really seemed to have -big- issue with this until Thiel was in the picture.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by jshevek on Friday June 10, 2016 @01:45PM (#11878309)
Yes, exactly.

After Thiel was revealed as the financier, some in the media saw an opportunity to re-caste the narrative in a way that they knew would appeal to our hatred of the rich and our fear for their abuse of power. The story became all about Thiel the alleged bully, the abuser of power, his petty grudge, etc etc. It was effective manipulation, just look at the comments here from those who think this 'sets a bad precedent'.

Never mind that Thiel's side was right and Gawker was wrong. Never mind that the mechanism employed to achieve justice here is basically the same mechanism that the ACLU uses.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by deong on Friday June 10, 2016 @02:32PM (#11878745)
Firstly, the ACLU is open about it.

There's no way to know, but my guess is that had Thiel stepped up in public a few years ago and said, "Gawker is a terrible gossip rag that needs to be taught a lesson -- contact me if they've wronged you too, and I'll help you mount a case", people would be less angry at him.

People don't like the idea that a shadowy cabal can run things behind the scenes without any public scrutiny.

Secondly, the ACLU does not generally appear vindictive. The ACLU looks to fund cases with a motive that people generally understand to be making things better for American society. Thiel may claim that removing Gawker from the face of the earth is a public service, but given the obvious history, that seems laughable. He appears vindictive, not altruistic.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by partiallypro on Friday June 10, 2016 @03:52PM (#11879480)
The ACLU is only public about it because part of their mission is to raise awareness. They have PR blitzes to publicize new cases they are taking on.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by smt88 on Friday June 10, 2016 @01:30PM (#11878119)
> No one really seemed to have -big- issue with this until Thiel was in the picture

That's because, with Thiel's involvement, the case became about something else: a personal vendetta. Regardless of the outcome, many of us are dismayed that Thiel was able to weaponize the justice system using huge amounts of money.

> why should a media publication like Gawker not be held accountable?

The tape of Hogan had racist comments on it, which are arguably in the public interest (since Hogan is a business(man) and consumers should be able to know about his character). It was stupid and possibly illegal of them to include the sex part of the tape, but was it worth $100M? Did that part of the tape harm Hogan at all?

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by nickff on Friday June 10, 2016 @01:53PM (#11878383)
There is a name for weaponization of the legal system, it is called 'lawfare', and it has been going on a long time. This was a legitimate case, not some strange and arcane proceeding based on a hitherto unknown statute; it may be the case that Thiel was 'woken up' by the post about him, and has since been keeping a lookout to stop Denton's greed from harming more people. Denton isn't running a charity.

If Denton had published the tape 'for the public', he wouldn't have included the sex bit; we all know that this was classic Gawker clickbait. Denton obviously only cares about 'disclosure' when it gives him ammunition to use against his opponents, especially when he can profit off of it.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by whatok on Friday June 10, 2016 @01:58PM (#11878426)
> If Denton had published the tape 'for the public', he wouldn't have included the sex bit; we all know that this was classic Gawker clickbait. Denton obviously only cares about 'disclosure' when it gives him ammunition to use against his opponents, especially when he can profit off of it.

100% agree with this. Publication of the entire tape was not necessary. What would be the difference between publishing that a tape existed or a few screenshots vs the entire tape? Clicks.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by partiallypro on Friday June 10, 2016 @03:51PM (#11879468)
> The tape of Hogan had racist comments on it, which are arguably in the public interest

Absolute nonsense. So if, let's say, Jennifer Lawrence had a tattoo on her butt that said something derogatory, suddenly leaking her nude photos is ok? I mean, she is a public figure and kids look up to her! What she does in the privacy of her home is absolutely public information, because of this. If they -really- only were doing it for the public's benefit they would have just had that snippet, with the audio; but they didn't, they published the full tape.

> That's because, with Thiel's involvement, the case became about something else: a personal vendetta.

Do you think Hogan suing or anyone else suing for this type of thing is -not- a vendetta? Hogan was already wealthy, he didn't need Gawker's cash. He did it to take them down. Are we to not allow him to sue because that's technically a "vendetta?"

I mean, Gawker did a similar thing to Thiel by outing him to the public. That case would never hold up; so instead of going down that path he waited in the wings; I don't see how this is different than something like a class action where outside money is funding a suit.

People need to get the idea out of their head that "outside money" is inherently bad. The ACLU, FIRE, and tons of civil liberty organizations are "outside money." Be careful what you wish for.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by danielweber on Friday June 10, 2016 @02:37PM (#11878793)
If Thiel was funding losing suit after losing suit after losing suit, this would be relevant.

But he funded a winning suit. He wasn't pestering them with this suit. It was a 100% legitimate suit. He funded a correct result.

You want scary? Even Hulk Hogan doesn't have enough money to fund a correct lawsuit.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by GunboatDiplomat on Friday June 10, 2016 @01:32PM (#11878140)
Because the fourth estate sees this as a threat to their interests.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by chatmasta on Friday June 10, 2016 @01:22PM (#11877998)
We have limits on speech when it comes to private information. Should "free speech" allow gawker to publish a private citizen's sex tape? There is no "in the public interest" argument to apply here.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by olliej on Friday June 10, 2016 @01:35PM (#11878179)
Ues there is - hogan is a public figure who is involved in politics and has repeatedly announced his conservative/be faithful/young-people-have-loose-morals bullshit.

Hence cheating on his wife was news, the public should have been informed, and unlike that fappening this wasnt stolen.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by jdminhbg on Friday June 10, 2016 @01:53PM (#11878369)
I'm not sure why you think reporting that Hogan was cheating is what Gawker was sued for. Plenty of people have done that, with no repercussions.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by littletimmy on Friday June 10, 2016 @04:26PM (#11879728)
Cheating on his wife may have been news (I disagree, but just for the sake of argument let's say that's true). The gratuitous porn video was in every way NOT news.

A news organization should not have the right to publish a sex tape to establish dubious morality. It also should not have the right to publish Hogan taking a straining shit if he appeared previously in a hemorrhoid commercial.

There are standards in civilized society.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by andromeduck on Friday June 10, 2016 @01:53PM (#11878378)
You can do that without releasing the tape
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by will_brown on Friday June 10, 2016 @01:32PM (#11878150)
>It's sort of like defending the free speech of terrible groups like the KKK.

There is a difference between protecting a group from being silenced by the Government and holding a private company liable when they release a sex tape under the pretense of freedom of speech/freedom of the press.

>I believe this will have a chilling effect on the media in the US.

As well it should...its not exactly a slippery slope: sex tapes don't become newsworthy just because the subject is a celebrity.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by smt88 on Friday June 10, 2016 @01:38PM (#11878214)
> sex tapes don't become newsworthy just because the subject is a celebrity

What if the sex might have been non-consensual (see: Dominique Strauss-Kahn)? What if the sex is between a public official and his employee (see: Bill Clinton)? What if the sex is illegal (see: Eliot Spitzer)?

The fact is that sex can be of interest to the public, which means video of that sex can also be of interest to the public.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by rwz on Friday June 10, 2016 @02:36PM (#11878781)
In all mentioned cases the sex becomes sexual assault, which is a felony. It's very different from adult people consensually enjoying themselves.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by thaumasiotes on Friday June 10, 2016 @06:39PM (#11880699)
Sorry? Engaging a prostitute is sexual assault?

How exactly is it "very different from adult people consensually enjoying themselves"?

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by spriggan3 on Friday June 10, 2016 @03:25PM (#11879231)
> What if the sex might have been non-consensual (see: Dominique Strauss-Kahn)? What if the sex is between a public official and his employee (see: Bill Clinton)? What if the sex is illegal (see: Eliot Spitzer)?

Whataboutism. Hogan had the right to sue, he won, end of story. This isn't the government and a prosecution silencing Gawker, this is an individual against a corporation and he won.period.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by smt88 on Friday June 10, 2016 @03:41PM (#11879378)
"Whataboutism" is the bedrock of a legal system like ours. It's how you consider the consequences of a law in different edge cases that aren't as clear-cut as the current case.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by will_brown on Friday June 10, 2016 @02:53PM (#11878928)
>What if the sex is illegal (see: Eliot Spitzer)?

There is another type of illegal sex, the kind involving minors. And I don't care how news worthy anyone would deem it to be, even the most hardcore Free Speech absolutist usually goes quite confronted with that conundrum. The public's interest doesn't create protected speech.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by danielweber on Friday June 10, 2016 @02:39PM (#11878814)
Do let us know when that situation happens.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by smt88 on Friday June 10, 2016 @02:47PM (#11878882)
http://gawker.com/5741535/police-find-photographs-of-berlusc...

(An irony that the first site that came up was Gawker)

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by danielweber on Saturday June 11, 2016 @05:35PM (#11885449)
So where are the photos, like Gawker had on their front page?

All I see is a report that it exists. Neither of the two links in the tweet were to stories showing the photos.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by broahmed on Friday June 10, 2016 @01:39PM (#11878229)
I'd be more concerned about the precedent it set if Gawker had won.

The publishing of secrets derived from an invasion of privacy is defensible by "free speech" if something of great moral/ethical imperative is gained. Publishing papers that reveal years of lying and misleading the American public about the true extent of the US government's involvement in Vietnam and surrounding countries, aka the Pentagon Papers? Defensible. Publishing a videotape without consent of someone having sex? Gawker can scream "free speech" till they're blue in the face; I think your average person is going to recognize a blatant violation of privacy occurred with little gained.

Look, I get it: free speech = awesome. But I don't think your average person sees free speech as an automatic get-out-of-jail-free card.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by Fenntrek on Friday June 10, 2016 @01:29PM (#11878102)
Why?

It went to Court and went through the due process, that process hasn't prior to this case and it wont after this case and the constitution remains the same.

If you publish, you deal with the repercussions, whether positive or negative.

The only thing I dislike is that it takes a billionaire to help a millionaire financially to give the case a fair chance while the less wealthy are powerless and without aid to even start a similar battle.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by untog on Friday June 10, 2016 @03:03PM (#11879037)
For those who don't see anything wrong with this because Gawker is Gawker, I present to you a very similar case involving Mother Jones:

http://m.motherjones.com/kevin-drum/2015/10/billionaire-sued...

The story they reported was 100% correct, but they were still sued by the billionaire political donor that was the subject of the story. The case was eventually thrown out of court, yet it still cost Mother Jones $2.5m to defend themselves. That was enough to drive them to the brink of bankruptcy.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by protomyth on Friday June 10, 2016 @01:51PM (#11878357)
> Gawker may have been terrible, but we should all be a bit concerned at the precedent this sets.

That you have to have serious cash to hold a news site accountable? We are not talking about a charity, Gawker is a multi-million dollar business.

I am glad Thiel did this and I hope it has a chilling effect on the media in the US. They weren't printing news, they were going for titillation that just happened embarrass someone they didn't like. Corruption in political figures, fine, but not this crud.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by CM30 on Friday June 10, 2016 @02:06PM (#11878503)
How about the opposite precedent? The idea that if your adversaries don't have money, you can seemingly publish whatever you like (legality and morality be damned) knowing they can't afford to sue you/defeat your large legal team?

The only thing stopping Gawker being crushed before was the fact it had a multi million dollar corporation behind it, and was happy to flat out ignore any complaints they didn't like. Now someone with more money comes along, they get smashed to a pulp and everything somehow changes.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by internaut on Friday June 10, 2016 @04:26PM (#11879725)
Well put. I think a silent majority of journalists are thinking this while their less introspective colleagues reduce the situation to David vs Goliath.

I'm with David Friedman on this.

http://slatestarcodex.com/2016/06/05/ot51-alien-vs-threadato...

Making tort claims marketable solves multiple problems:

1. The tort victim who can’t afford a lawyer. He may be able to get a law firm to take the case for a share of the award, but …

2. How does he know which law firm will do a good job, which do a bad job, which sell him out for some covert payment? If he can sell his claim, all he needs to know is which firm offers him the highest price.

I know some liberals think libertarians are gaga for markets but it seems like this would serve their egalitarian goals as well. Personally I had never considered the potential for the first point but now it seems obvious.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by cm2187 on Friday June 10, 2016 @01:13PM (#11877897)
Are you suggesting the Hogan suit was groundless?
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by pcurve on Friday June 10, 2016 @01:15PM (#11877918)
It wasn't, but the damage amount is excessive.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by cm2187 on Friday June 10, 2016 @01:44PM (#11878284)
I would say the contrary would be problematic.

What if this organisation could publish any dirt on you, could publish your most intimate pictures or details and if you were suing them, they would be fined only $10k, which they wouldn't care about because they make a lot more money abusing people?

I would say this would be justice and ordinary citizens being helpless against big business.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by icebraining on Friday June 10, 2016 @01:45PM (#11878307)
It's interesting that it was actually higher than what the plaintiffs requested. It wasn't clear to me who sets that, the judge or the jury?
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by jdmichal on Friday June 10, 2016 @02:39PM (#11878817)
Judges almost always set reward. I wouldn't be surprised if it was a heavy slap aimed at not obeying the court order to take down the video.

http://criminal.findlaw.com/criminal-procedure/sentencing-la...

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by yelnatz on Friday June 10, 2016 @01:37PM (#11878198)
How was it excessive?
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by kebolio on Friday June 10, 2016 @02:00PM (#11878443)
I agree somewhat; the judge still could have bankrupted Gawker without taking too much off the number
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by mhurron on Friday June 10, 2016 @01:18PM (#11877952)
The issue I have with it is that money from an external source that had nothing to do with the suit was funnelled in to use it as a weapon.

Thiel had an issue with Gawker, Thiel should have taken it to Gawker.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by acheron on Friday June 10, 2016 @01:27PM (#11878072)
The issue I have with it is that money from an external source that had nothing to do with the suit was funnelled in

This is incredibly common, e.g. it's basically the entire job description of the ACLU. Why is it different in this case?

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by smt88 on Friday June 10, 2016 @01:31PM (#11878139)
> Why is it different in this case?

The ACLU is a charitable organization, and its cases have an ideological consistency. Thiel was just trying to find anything he could on Gawker (or just bury them in frivolous lawsuits if he couldn't). The cases didn't have any ideological consistency except "kill Gawker".

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by FireBeyond on Friday June 10, 2016 @01:32PM (#11878146)
Because the ACLU does it in the open, rather than in secret?
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by strictnein on Friday June 10, 2016 @01:41PM (#11878253)
Rights aren't only protected if you exercise them publicly.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by FireBeyond on Friday June 10, 2016 @01:42PM (#11878266)
No, but one of the reasons "maintenance" is or was illegal is because the defendant has a right to know their accuser/opponent and their motivations, hence discovery and other pre-trial proceedings, so they can best defend themselves.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by GVIrish on Friday June 10, 2016 @01:20PM (#11877984)
Why have a problem with that? If Gawker was not in the wrong that would've been money wasted. It's not like Hogan/Thiel wore Gawker out by whittling them down with frivolous lawsuits until they couldn't defend themselves anymore.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by mikeyouse on Friday June 10, 2016 @01:25PM (#11878040)
That's precisely what Thiel's doing though -- He just hit the jackpot with the Hogan amount. He's also funding several other suits against Gawker including one from someone who claimed to have invented email. He's like a terrible patent troll for journalism.

The Gizmodo article that Thiel thinks is worth suing Gawker over: http://gizmodo.com/5887480/the-inventor-of-email-did-not-inv...

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by FireBeyond on Friday June 10, 2016 @01:33PM (#11878160)
What jackpot? They could have gotten the insurance payout. Except they dropped that part of the suit specifically so Gawker could not use the insurance it had purchased for this reason.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by mikeyouse on Friday June 10, 2016 @01:36PM (#11878192)
The jackpot in the sense that Thiel's goal was to litigate Gawker into bankruptcy and the Hogan case played out perfectly for him.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by GVIrish on Friday June 10, 2016 @01:31PM (#11878130)
Ah ok, that is not something I've seen mentioned anywhere else.

Still, Gawker is/was big enough that several frivolous lawsuits would've been unlikely to cause bankruptcy if none of them resulted in an adverse judgment. I have to think Thiel's goal was more to fire multiple shots and hope one finds its mark.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by aab0 on Friday June 10, 2016 @01:25PM (#11878042)
Thiel's plan was exactly to wear down Gawker by frivolous lawsuits until either they collapsed or he lucked out; that's why his legal team was searching through thousands of articles looking for people they could contact to drum up a case or fund an existing case, including the 'father of email' case. Court cases are not deterministic noise-free processes.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by GunboatDiplomat on Friday June 10, 2016 @01:33PM (#11878158)
How is this different than the ACLU looking for an ideal test case for a civil rights issue?
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by mikeyouse on Friday June 10, 2016 @01:37PM (#11878210)
The ACLU typically expands rights and free speech while this is somewhere on the opposite side of the spectrum.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by icebraining on Friday June 10, 2016 @01:48PM (#11878330)
Citing the ACLU, if Hulk Hogan’s sex tape was somehow newsworthy, then distributing it on the internet would come under the protections of the First Amendment, and Gawker would have a right to publish it. But the jury found that this case was not about the Hulk as a public figure and that the video had no news value. The Hulk, therefore, enjoys the same rights to privacy as everyone else.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by mikeyouse on Friday June 10, 2016 @02:12PM (#11878558)
Yes, a Florida jury decided that Hulk Hogan wasn't a public figure but that the damage to his career from a sex tape was worth $55 million. Do those things seem slightly contradictory to you?
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by icebraining on Friday June 10, 2016 @02:26PM (#11878688)
Florida jury decided that Hulk Hogan wasn't a public figure

No, it's more nuanced than that. What the ACLU is saying is that there's a difference between Hulk Hogan (the public figure) and Terry Bollea (the person), and that the jury found the video wasn't about the public figure.

As for me, I can appreciate that this feels flimsy - how can one know where the line is drawn? - yet I think the distinction exists in practice and it'd be a failure of justice to deny it.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by mikeyouse on Friday June 10, 2016 @04:18PM (#11879662)
I'll just note, the ACLU isn't saying that there's a difference -- they're saying the Jury found that there's a difference. I highly doubt the ACLU agrees, especially considering that the Florida Court of Appeals already found the video newsworthy;

Hulk Hogan’s verdict will likely be overturned by the Florida District Court of Appeal, Second Circuit. That court, in earlier overturning the trial judge’s grant of a preliminary injunction to stop the publication of the video before trial, already indicated its sympathies to the First Amendment defense. The appellate court held that (1) Hogan is a public figure, as a wrestler and reality television star; (2) Hogan has already discussed his family and sex life in the media; (3) sexually explicit content does not nullify speech’s newsworthiness, (4) the posted video and commentary are linked to a matter of public concern; and, importantly, (5) Gawker carefully published only a small excerpt of the sex tape, not the entire thing. Although a ruling on a preliminary injunction does not bind the Florida court of appeals now that it can view all of the evidence, the appellate court seems poised to disregard the trial court’s First Amendment decisions, all issued without full written orders.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by bra-ket on Friday June 10, 2016 @01:24PM (#11878028)
It's called 'maintenance' and it was made illegal under common law of England 500 years ago

http://overlawyered.com/2016/05/champerty-maintenance-explai...

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by icebraining on Friday June 10, 2016 @01:44PM (#11878289)
Yes, in a time before judicial independence and separation of powers were implemented.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by GraemeLion on Friday June 10, 2016 @01:51PM (#11878355)
The other side to that argument is, people who are wronged by Gawker need at least a billionaire to be able to get their day in court.

It should concern you that it took money from an outside source to get an alledged wrong by a massive company to litigated in front of a jury. That should be very concerning.

As for Thiel and Gawker, they're both bullies, and bullies beating the shit out of each other is just fine by me.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by cm2187 on Friday June 10, 2016 @01:40PM (#11878245)
But isn't it the case of any civil liberty lawyer rushing on a case to push his agenda or create a jurisprudence?
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by GunboatDiplomat on Friday June 10, 2016 @01:32PM (#11878151)
So how do you propose preventing that without outlawing, for example, the ACLU, NAACP, etc.?
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by axlee on Friday June 10, 2016 @01:16PM (#11877931)
I think the damage was not worth putting tens (hundreds?) of people out of a job, most of them who had nothing to do with the Hogan fiasco but are still being punished for it, putting their livelihood in jeopardy for the emotional comfort of a billionaire. The people responsible for the piece should have been personally held responsible.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by jshevek on Friday June 10, 2016 @01:23PM (#11878009)
Regarding people losing their jobs - that is a result of the terrible judgement and values of the leadership of Gawker. They are not being 'punished' for anything. Do you think that the people at Ford were 'punished' when the leadership of Ford made bad decisions that cost people their jobs?

"emotional comfort of a billionaire"

That is very dismissive. Are people worth less to you when they have more money?

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by qq66 on Friday June 10, 2016 @01:38PM (#11878223)
> Do you think that the people at Ford were 'punished' when the leadership of Ford made bad decisions that cost people their jobs?

Yes

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by jshevek on Friday June 10, 2016 @01:53PM (#11878371)
How can you justify that position? There are consequences to our choices, but they don't always follow a moral principle. If I have two job offers and choose the company that ends up going bankrupt, I'm not being punished. If I'm a farmer and plant according to weather predictions which prove false, losing crops and revenue, that might be bad luck or bad judgement, but its not punishment.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by whatok on Friday June 10, 2016 @01:28PM (#11878099)
Those people knew what kind of garbage the site published and decided to hitch their wagon to it. If I join a company that is in the news for doing things that sound like it might get the shit sued out of them and they eventually get sued, should I be surprised?
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by cm2187 on Friday June 10, 2016 @01:27PM (#11878078)
I am about as worried about gawker employees losing their jobs than I am about ISIS fighters losing their jobs. These guys are making money outing people and publishing sex tapes.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by acheron on Friday June 10, 2016 @01:30PM (#11878113)
Is this the Clerks "contractors on the Death Star" argument? [1]

They knew who they were working for. Lie down with dogs, etc.

[1] http://www.whysanity.net/monos/clerks5.html

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by hobs on Friday June 10, 2016 @01:39PM (#11878224)
That's the breaks when your corporation makes criminal mistakes and it is proven in a court of law, unless you are a bank or financial firm or politician.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by sigzero on Friday June 10, 2016 @01:28PM (#11878090)
Maybe Gawker should have thought of its employees then.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by x0x0 on Friday June 10, 2016 @01:19PM (#11877971)
Yeah, pretty much.

There is no way Hogan wasn't a public figure. viz him talking to Howard Stern about his sex life.

Gawker had, under previous First Amendment jurisprudence, the right to post that tape. Most free speech lawyers assume it will be reversed on appeal.

This is completely separate from whether they should have posted that tape.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by karmacondon on Friday June 10, 2016 @02:29PM (#11878711)
There will be no ceiling effect because real journalists stay within the bounds of the law. Equating a self proclaimed gossip website with real reporting is disingenuous and insulting to journalists.

If the National Enquirer broke the law and was sued, do you really think it would affect decision making at the NYT or Washington Post?

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by jshevek on Friday June 10, 2016 @01:16PM (#11877930)
I like this precedent. Even celebrities have a right to some privacy.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by lujim on Friday June 10, 2016 @01:30PM (#11878120)
Gawker can say or publish whatever they want and the Feds won't come throw them behind bars, but free speech doesn't make someone immune to ALL repercussions. You are free to go tell your boss whatever you want, but it might impact you financially. You are also free to spread rumors about whoever you want but you might get dragged into civil court and fined if you unjustly harm that person.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by yummyfajitas on Friday June 10, 2016 @04:15PM (#11879644)
They already have, in many cases. The Aryan Nations was shut down due to third parties funding a (legitimate) lawsuit.

https://www.splcenter.org/seeking-justice/case-docket/keenan...

Think tanks have been subpoenaed over AGW skepticism:

https://www.bloomberg.com/view/articles/2016-04-08/subpoenae...

Media organizations have been prevented from reporting on Hillary Clinton during a political campaign:

https://en.wikipedia.org/wiki/Citizens_United_v._FEC

This sort of thing has been common practice for a long time.

The only real difference is that this time the media sees the victim as being part of their tribe and the attacker being part of an opposing tribe.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by soheil on Friday June 10, 2016 @01:41PM (#11878250)
It's worthwhile to remember free speech is not absolute. There are several cases where it's not considered free speech, here are some examples:

Obscenity Fighting words Defamation (includes libel, slander) Child pornography Perjury Blackmail Incitement to imminent lawless action True threats Solicitations to commit crimes

I know people love to protect freedom of speech and I'm on that bandwagon, but please let's remember just because it appears freedom of speech is being violated doesn't mean it is (e.g. in cases were most people don't support something and it appears the mob rule is triumph, it should indeed be sign that something may be wrong but let's not use that sign as enough evidence that free speech is violated.) Sometimes it's not the freedom of speech that is being violated, but some person's rights.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by mathattack on Friday June 10, 2016 @03:18PM (#11879172)
It's precedent on both sides.

On the one hand it's "A rich billionaire with pockets deeper than a media organization, funding a lawsuit"

On the other hand it's "A media organization that posts what they want because it's too costly to sue them"

Perhaps the precedent is "Don't try to make a quick buck posting sex tapes without permission just because you don't think someone can afford to come after you"?

It's not as black and white as most free speech and freedom of the press issues.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by ambulancechaser on Friday June 10, 2016 @01:19PM (#11877968)
I don't believe that this case set any new precedent.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by jshevek on Friday June 10, 2016 @01:28PM (#11878100)
I think they may have meant 'precedent' in some colloquially sense of the word, not the legal definition. Maybe "Successful action which encourages others to attempt the same" or something like that.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by Lawtonfogle on Friday June 10, 2016 @02:46PM (#11878867)
If you care about free speech as it relates to porn, then this is nothing compared to some of the other limits put on free speech. Consider the Australian guy who was convicted for having sexualized drawings of the Simpsons.

Edit: grrrrr autocorrect

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by xwowsersx on Friday June 10, 2016 @01:37PM (#11878205)
You're making a common mistake here about free speech. Free speech in the First Amendment is a restriction on the government, not individuals. The reason we treasure it so much is because of the history of government's in Europe and elsewhere restricting the speech of individuals. Having experienced the perils of government censorship themselves, the Framers put this into the Constitution. Free speech has never meant "You have a right to say anything you want without consequences".
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by ebbv on Friday June 10, 2016 @01:18PM (#11877958)
I agree. I never read Gawker or any of its sites, they were all garbage. And the Hulk Hogan sex tape was scummy garbage that I never had any interest in. But it also isn't that different from lots of other celebrity leaks that have been published before which have not resulted in damages that ruined the publishers.

Peter Thiel funding a lawsuit against a company he has a personal grudge against is a scary thing. What if the Koch Brothers decide to start funding lawsuits against Nature or Science magazines that publisher articles about global warming? Even if none of the lawsuits win, they could shut down these publications because of the legal bills involved in the court cases.

People celebrating this are in my opinion incredibly myopic.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by GVIrish on Friday June 10, 2016 @01:22PM (#11877994)
> What if the Koch Brothers decide to start funding lawsuits against Nature or Science magazines that publisher articles about global warming? Even if none of the lawsuits win, they could shut down these publications because of the legal bills involved in the court cases.

That would be scary but nothing was stopping them from doing that before.

In the case of Gawker they lost in court because they were wrong, they didn't run out of money due to attrition.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by PhasmaFelis on Friday June 10, 2016 @01:40PM (#11878238)
> I agree. I never read Gawker or any of its sites, they were all garbage.

Well, no, some of the sites under the Gawker umbrella were quite excellent. That's one more thing to lay at the feet of Nick Denton; his irresponsible behavior is going to take down some pretty good journalism along with the cesspool that was Gawker proper.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by GunboatDiplomat on Friday June 10, 2016 @01:35PM (#11878177)
>What if the Koch Brothers decide to start funding lawsuits against Nature or Science magazines that publisher articles about global warming?

If those articles were somehow actually legally libellous, that would be fine. But that seems unlikely.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by eanzenberg on Friday June 10, 2016 @01:30PM (#11878126)
Let the Koch brothers sue whoever they want. They can in this country. If they want to waste their money on frivolousness and get thrown out with contempt + paying the other side's legal fees than so be it.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by draw_down on Friday June 10, 2016 @01:17PM (#11877937)
Yes, I agree. This is a worrying sign of what the future holds.

But also I hated Gawker, so, difficult to feel too sorry about this particular development.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by princeb on Friday June 10, 2016 @01:15PM (#11877915)
what precedent?

that if you say something, you stand by the consequences, financial and all?

that people take responsibility for what they say is not a new development.

new journals are free to start up and take the place of gawker. nothing here stops them from doing so.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by apendleton on Friday June 10, 2016 @01:26PM (#11878065)
I think the precedent OP is concerned about is not about Hogan specifically. Thiel probably doesn't give a shit about Hogan's sex tape. He probably dislikes Gawker for other reasons (maybe general tone or content, or maybe something specific in a particular article by one of Gawker's subproperties; who knows?), but he took advantage of the opportunity the Hogan case provided to eliminate a media outlet.

The problem is that any media outlet, if they've been around long enough, has probably published something you could convince a jury was slanderous or libelous or defamatory or whatever. So the precedent I think OP is concerned about is: if you're a rich person and you don't like something a media outlet writes about you or your startup or your pet issue of the week or whatever, it's now been proven effective for you to troll through that publisher's history in search of something juicy to pay someone to sue over, and use it to take that entire company out of the water, forever, even if the thing you're suing over has nothing to do with the thing you found objectionable in the first place, which may be perfectly journalistically legitimate and legal.

Or, concretely: who's going to want to write anything nasty about Peter Thiel or his interests now, since he's proven a willingness to go to great lengths to find dirt to kill companies?

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by princeb on Friday June 10, 2016 @01:37PM (#11878212)
thiel couldn't nail them when they wrote about him. it was in bad taste, but totally defensible. they crossed the line when they posted a private sex tape without consent. if you can defend that, you can defend revenge porn (that is, you can't).

gawker played themselves.

> who's going to want to write anything nasty about Peter Thiel

you can write nasty things about Thiel but remember rule #1: don't play yourself.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by throwanem on Friday June 10, 2016 @01:33PM (#11878153)
I've heard Thiel holds a grudge against Gawker for having outed him without his consent; the latter certainly happened [1], the former I wouldn't know how to confirm.

[1] http://gawker.com/335894/peter-thiel-is-totally-gay-people

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by hartator on Friday June 10, 2016 @01:17PM (#11877938)
Free speech is the opposite of that.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by Navarr on Friday June 10, 2016 @01:22PM (#11877997)
Freedom of speech protects you from government persecution.

That's not happening here.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by BurningFrog on Friday June 10, 2016 @01:27PM (#11878080)
The Sixth Judicial Court of Florida is part of the government.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by jdbernard on Friday June 10, 2016 @03:04PM (#11879058)
Adjudicating between two private parties. Or are you advocating for privately-owned courts?
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by BurningFrog on Friday June 10, 2016 @03:17PM (#11879158)
Adjudicating according to government made laws.

Not advocating anything here really. Just pointing out that the "first amendment only applies to government actions" argument isn't valid in this case.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by jshevek on Friday June 10, 2016 @01:24PM (#11878035)
I think you may be over-simplifying.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by cloakandswagger on Friday June 10, 2016 @01:24PM (#11878026)
I only wish people were as ardently Constitutionalist when it came to other amendments (e.g., the one after free speech).

I for one am overjoyed with this news and have no concern whatsoever that it will be the death knell of legitimate journalism. Voyeuristic muck like Gawker makes society ugly.