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 unfavor…
Are you suggesting the Hogan suit was groundless?
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.