Bit Parts

The Court of Appeal of Florida, Second District, affirmed the denial of Hulk Hogan's bid for a temporary injunction to stop publication of a sex tape that he says was created without his consent. Gawker Media LLC v. Bollea, 2D13-1951. Gawker Media published a report and video excerpts of the sex tape, of an extramarital affair of Hogan's, on its website. But Gawker denies being responsible for creation of the video. The court of appeal noted: “Here, the written report and video excerpts are linked to a matter of public concern ' Mr. Bollea's [i.e., Hulk Hogan's] extramarital affair and the video evidence of such ' as there was ongoing public discussion about the affair and the Sex Tape, including by Mr. Bollea himself. Therefore, Mr. Bollea failed to meet the heavy burden to overcome the presumption that the temporary injunction is invalid as an unconstitutional prior restraint under the First Amendment.”