![]() Legal experts say it could put the Internet's “anything goes” sensibility to the test. However, if the case is appealed and a decision is handed down by Florida appellate judges, then courts in other states could look to it for guidance in future cases.īut even though the case won't set federal precedent (unless it moves to the Supreme Court), it could still have an impact that extends beyond the individuals involved, whichever way it's decided. ![]() Jury trials are often too specific, plus the trial is being adjudicated in Florida state court, which means that even if it were to be appealed, the decision would only have a precedential impact on the state itself. Gawker Pulls Post as New Media Enters Midlife Crisis Mode Arrowįrom a legal standpoint, the Hogan trial likely won’t set major precedents for sex tapes or free speech on the Internet. Hogan's hope is that a jury weighs Gawker's judgment and finds it wanting. We’re going to trust your judgment,’" Calvert says. "Traditionally courts have deferred to journalists and have said, ‘We’re not going to go back and edit your stuff. Some legal analysts tell WIRED that it's not completely clear if Gawker's video clip of Hogan meets all of these criteria-whereas say publishing a photo of Anthony Weiner's penis (link NSFW) after he denied sexting is more obviously newsworthy, since he was a politician accountable to the public. Under Florida law, private information can only be published if it is a matter of “legitimate public concern.” Calvert says that in the past, newsworthiness typically has depended upon factors like the extent to which the person voluntarily became famous the depth of intrusion into the person's private life and the social value of the facts. “The question of ‘What is newsworthiness?’ is going to determine the case,” says Clay Calvert, a professor of mass communications at the University of Florida and director of the Marion B. (Berlin represented WIRED and its parent company Condé Nast in a 2010 lawsuit.) ![]() "You join this ongoing discussion, do it in a way that adds commentary to it, and the plaintiff sues you for $100 million because he doesn’t like what you said," says Seth Berlin, the attorney representing Gawker in the trial. Because his sex life had already become a part of his public persona and controversy surrounding the sex tape was bubbling, Gawker argues, it was fair to post the video ("a matter of public concern," as Gawker put it in court documents), especially because it showed that he did, in fact, sleep with Clem. ![]()
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