Supreme Court considered a claim of emotional distress stemming from protests at a military funeral.
Some questions a court may ask in deciding newsworthiness:ĭoes the information relate to any matter of political, social, or other concern to the community? Group W Productions, Inc., the California Supreme Court wrote in 1998 that “liability for disclosure of private facts is limited ‘to the extreme case, thereby providing the breathing space needed by the press to properly exercise effective editorial judgment.’”Īlthough there is no streamlined test across the country to determine what is a legitimate public concern, various courts have opined on the subject and provided guidance for reporters. Generally, courts have taken an expansive view of newsworthiness, giving deference to the news media in order to encourage speech. Some courts deem publishers to have a constitutional privilege to publish truthful information about newsworthy occurrences. In some states, plaintiffs bringing a publication of private facts claim must show the information disclosed was not newsworthy, but in other states, the defendant must raise newsworthiness as a defense. The standard to define newsworthiness and which party has the burden of proof varies state-by-state.
Reporters should know that courts often assess newsworthiness differently than a journalist would in deciding whether to publish an article. Thus, the question underlying the private-facts claim is whether Hogan’s sex tape is of a “legitimate public concern.” If the court concludes the publication of the video was newsworthy, the publication of private facts claim against Gawker will be dismissed. However, Gawker insists the video was newsworthy - a bar to private-fact claims under the First Amendment. Under the theory of publication of private facts, Hogan, whose real name is Terry Bollea, alleges Gawker’s release of the video clip without his consent disclosed highly offensive private facts about himself. After initially suing Gawker for copyright infringement in Florida federal court, Hogan later brought suit in Florida state court for $100 million in damages, asserting a claim of publication of private facts. Hogan, who has lived his life in the public eye and has been outspoken about his sex life in a book and radio appearances, claims the release of the clip of the sex tape violated his privacy. Gawker, the online blog that published the 101-second video clip of the 30-minute sex tape in 2012 after receiving the tape from an anonymous source, will be flanked opposite Hogan in court.
#Judicial consent 1994 sex scene professional#
Petersburg, Florida court is set to consider the news value of a video clip featuring 62-year-old former professional wrestler Hulk Hogan having sex with Heather Cole Clem, the then-wife of Hogan’s friend and radio personality Bubba the Love Sponge Clem. When deciding whether to publish certain content, members of the news media answer this question on a daily basis.īut when courts attempt to define newsworthiness, the inquiry can be more complicated and could dictate the outcome of many high-stakes trials.
The privacy suit brought by wrestler Hulk Hogan against Gawker will examine whether a videotape was newsworthy.