April 30, 2013 08:40:09 GMT
Legal battle between Hogan and Gawker Media in regards to Hogan's notorious sex tape with his friend's ex-wife escalates after the site only removed the clip and kept the narrative.
Hulk Hogan may be upset because legal battle against Gawker, which posted his sex tape, is getting hotter. Hogan, who won a restraining order from Judge Pamela Campbell to keep the site from posting the sex video, found that Gawker only removed the footage from the site, but did not delete the description of the video. In addition, Gawker provides a link to another website that presents the X-rated video.
In a long piece written by John Cook, Gawker argued that the 1,400-word narrative content made by its former editor A.J. Daulerio, was Daulerio's speech. The description was the work of the former editor, so it was protected by freedom of speech. "A lawful order from a circuit court judge is a serious thing. While we vehemently disagree with Campbell's order with respect to the video itself, we have chosen to take it down pending our appeal. But the portion of the order compelling us to remove the entirety of Daulerio's post - his words, his speech - is grossly unconstitutional. We won't take it down," Cook said. According to The Hollywood Reporter, Gawker has appealed the ruling.
Hogan's lawyer Charles J. Harder told E! News, "Contrary to some press reports, the Florida Court of Appeal has not permitted Gawker to re-post any portions of the sex tape that Judge Campbell enjoined. In fact, the appellate court actually ordered that neither the whole nor any portion of this sex tape - which was recorded without Mr. Hogan's knowledge or consent - can be re-posted until we have been given an opportunity to respond and the appellate court issues a further order. The Court of Appeal's order also prohibits the re-posting of any 'transcripts' of all or any portion of this sex tape."
Hogan was said filing a motion so that Gawker would be held in contempt, pointing out that they openly disobeyed the court's order by posting the narratives and giving link to a site that showed the video. "The Order prohibits 'posting, publishing, exhibiting, or broadcasting' the footage. Linking to the footage falls within this definition," the court's filing read.
Hogan, whose real name is Terry Bollea, filed a lawsuit against Gawker Media in October after the site posted a sex tape of him which was taken and spread without his consent. The wrestler sought for $100 million monetary damage as well as injunction to make Gawker Media remove the video from its site.