After being told by a Florida judge to remove the Hulk Hogan and Heather Clem sex tape from its website, Gawker did so but surprised the judge by not complying with the rest of the court order, which was to remove all related material as well. Gawker has kept the 1,400-word narrative that accompanied the since-removed sex tape and the Hulkster is none-too-pleased.
In the original posting that also had the sex tape itself, then-editor of Gawker A.J. Daulerio painted a comical picture in a descriptive narrative of the x-rated video. It goes into detail and is clearly something that Hulk Hogan (real name Terry Bollea) wants removed. The wrestler even sued his best friend (and ex-husband of Clem) for releasing the video online.
After being ordered to take down the video but refusing to take down the narrative, Gawker filed an appeal. But Hogan wants the website punished for not complying with the court order and filed the following claim:
"Gawker Media argues in [the post] that it has the right to continue to publish the narrative description of Plaintiff's private sexual activities because such discourse is protected by the First Amendment. Not only is this contention incorrect on the merits (Plaintiff established in his Motion for Temporary Injunction that Gawker Media's post was unprotected expression), but it is well-established that even if the terms of an injunction are inconsistent with the First Amendment, a party has no right to disobey it but must challenge the injunction through legal channels."
Gawker responded. The website argued against the court order saying that it violated the first amendment and that the ruling was made by a judge who admittedly had no intention of viewing the source material. It looks like this might have worked because Gawker announced that they do not have to remove anything else just yet.
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