This is what I sent to my wife about this story earlier today. I think it's true for the public too. "I guess people can do whatever they want with their money. For me the bottom line is that Hogan is a public figure and the definition of “newsworthy” isn’t up to anyone other than media to decide on. Sure, it’s tacky as fuck to report on him fucking his best friends wife and it isn’t any of anyone’s business but the…
1. As you say, Gawker can report on Hogan's private sex tape. Tacky but newsworthy for tabloids.
2. Gawker cannot distribute Hogan's private sex tape. That would equivalent to Playboy distributing Jennifer Lawrence nudes from The Fappening.
3. Gawker certainly can't ignore requests from judges telling them to take down the private sex tape.
You've conflated the first with the second and third.
Gawker is mostly getting rapped for the third point to make an example of them. That's the judge's prerogative.