So let's see. Hulk Hogan is worth $25M according to the interwebs. His reputation is in tatters for the video of him doing something he did. So he gets awarded almost 5 times as much for lost earnings, as he is worth total? Of course we all know this will go to appeal, where the real fate will be decided. Gawker does not have 115M to pay, and Hulk is not likely to find himself 5x richer. The real question is where do…
My understanding was that the constitution was only relevant to government action. Since this is a civil lawsuit, the First Amendment should not be relevant, should it? It's like how the 2nd amendment gives you the right to bear arms and the government can't take that away from you but a landlord can keep you from having a gun in your apartment. If this was a criminal case the First Amendment would be relevant (by my…
Hulk Hogan awarded payout over Gawker sex tapes
131–140 of 176 posts
Re: Hulk Hogan awarded payout over Gawker sex tapes
#132So let's see. Hulk Hogan is worth $25M according to the interwebs. His reputation is in tatters for the video of him doing something he did. So he gets awarded almost 5 times as much for lost earnings, as he is worth total? Of course we all know this will go to appeal, where the real fate will be decided. Gawker does not have 115M to pay, and Hulk is not likely to find himself 5x richer. The real question is where do…
Its about the First Amendment encroaching upon the right to privacy. Where is the line drawn. That was what this trial is sincerely about. Privacy outweighs the first amendment at this stage. But lets remember, that Gawker is a pretty far stretch to say they are living within the 1st amendment rights.
Re: Hulk Hogan awarded payout over Gawker sex tapes
#133Earlier quoted context omitted.
I don't like Gawker either. But seeing people praise this decision merely because Gawker sucks, while casually dismissing other concerns, including the serious First Amendment ramifications, makes me very uneasy.
What serious First Amendment ramifications are these? The First Amendment doesn't give you free reign to say whatever you like whenever you like, and there are already limitations on the First Amendment with regards to things like obscenity and speech that appeals to prurient interests: https://en.wikipedia.org/wiki/United_States_free_speech_exce... Posting a private sex tape without permission is not likely to pass…
Re: Hulk Hogan awarded payout over Gawker sex tapes
#134Earlier quoted context omitted.
I don't like Gawker either. But seeing people praise this decision merely because Gawker sucks, while casually dismissing other concerns, including the serious First Amendment ramifications, makes me very uneasy.
What are the First Amendment ramifications? Distributing naked pictures of someone without their consent has never been legal. The fact that they were taken in the cameraman's home is no defense. This is no different than a frat boy putting a hidden camera in the frathouse bathroom before a party and then distributing pics of freshman girls with their pants down.
Which law prohibits it?
Re: Hulk Hogan awarded payout over Gawker sex tapes
#135Earlier quoted context omitted.
Probably because they feel like they have to close ranks and defend a profession they see as being maligned. For them there is no grey, only black and white. All or nothing. For many other people there are degrees of freedom and rights. Their fear is that if they concede on this point, what else will they have to concede and will their profession back them when they are in the same position, but for more noble reason…
Being maligned by whom? "Journalists" get to control the narrative on literally any topic they choose. They had to fuck up really hard to get the rest of the press to report against them, and even then this case isn't receiving anywhere near the coverage it deserves.
Re: Hulk Hogan awarded payout over Gawker sex tapes
#136Earlier quoted context omitted.
What are the First Amendment ramifications? Distributing naked pictures of someone without their consent has never been legal. The fact that they were taken in the cameraman's home is no defense. This is no different than a frat boy putting a hidden camera in the frathouse bathroom before a party and then distributing pics of freshman girls with their pants down.
Distributing naked pictures of someone without their consent has never been legal. Which law prohibits it?
https://en.wikipedia.org/wiki/Privacy_laws_of_the_United_Sta...
http://www.criminaldefenselawyer.com/resources/revenge-porn-...
Re: Hulk Hogan awarded payout over Gawker sex tapes
#137Earlier quoted context omitted.
Miranda did not create any rights, only the requirement that the government inform you of your rights...
If the government is required do something for you ( "inform you of your rights" , in this case), then wouldn't it be reasonable to say you say that you have the right to that service? Miranda created the right to have the government inform you of your rights.
Re: Hulk Hogan awarded payout over Gawker sex tapes
#138So I see a lot of journalists on twitter defending Gawker. In my opinion Gawker is making journalists look bad at first place. I believe in press freedom but is "revenge porn" freedom of press ? If an unknown party leaked that sex tape, most journalists would condemn that and not label it "freedom of speech" so why the double standard ?
It is certainly freedom of the press, and freedom of speech; but ultimately serves no public purpose. It's just also mean and ridiculous. Freedoms of this nature must be protected regardless of the context. Gawker's unethical behaviour accross the network, from outing comfortably closeted gay people to failing to disclose obvious bias, is awful; but should not be forbidden. The cure is worse than the illness. My apol…
Re: Hulk Hogan awarded payout over Gawker sex tapes
#139Earlier quoted context omitted.
Being maligned by whom? "Journalists" get to control the narrative on literally any topic they choose. They had to fuck up really hard to get the rest of the press to report against them, and even then this case isn't receiving anywhere near the coverage it deserves.
And breaking ranks on an issue like this could be the mess up that gets the rest of the press to report against them in the future...
Re: Hulk Hogan awarded payout over Gawker sex tapes
#140Earlier quoted context omitted.
Its about the First Amendment encroaching upon the right to privacy. Where is the line drawn. That was what this trial is sincerely about. Privacy outweighs the first amendment at this stage. But lets remember, that Gawker is a pretty far stretch to say they are living within the 1st amendment rights.
Where is that right to privacy codified in the US Constitution or law?