|
 Hogan, who is also a reality TV star, says his privacy was
violated when Gawker posted a nearly two-minute excerpt of him
having sex with the former wife of his then-best friend, radio
shock jock Bubba the Love Sponge.
An accompanying article detailed the consensual encounter, which
Gawker called "a goddamn masterpiece," and graphically described
the naked body of the longtime champion of World Wrestling
Entertainment (WWE).
Gawker argues that its 2012 post is protected free speech under
the First Amendment of the U.S. Constitution, and contends it
was reporting on a celebrity who has publicly discussed his sex
life.
Jurors in St. Petersburg, Florida, where the star lives, will
weigh his demand for $100 million in damages.
"That is a high-stakes proposition, not just for Gawker, who is
right now in the crosshairs, but for all of the people who
exercise First Amendment rights," said Seth Berlin, an attorney
representing Gawker, which will appeal an unfavorable verdict.
A loss could put Gawker out of business, he added.
But attorneys for the wrestler say he had a right to expect
privacy in a private bedroom, noting that he was recorded there
without knowledge around 2006.
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"Our jury members appear more than willing to consider not only the
First Amendment but as well the necessity of boundaries when dealing
with significant invasion of privacy," David Houston, an attorney
for the wrestler, said in a statement.
The 62-year-old wrestler will go by his legal name, Terry Bollea, at
the trial, but a judge is letting him wear his signature bandana in
court.
"Jurors are going to be concerned about protecting First Amendment
rights," said Philip Anthony, chief executive officer of
DecisionQuest, a consulting firm that works on high-profile cases
but is not involved in the Florida trial. "It won't get lost in the
clutter of the sensationalism."
The court proceedings, which could last three weeks, might still
offer a dose of theatrics.
"Time for the real main event! 'I AM' going to slam another Giant!
Hogan vrs Gawker!" the wrestler posted on Twitter as jury selection
got underway last week. "Watcha Gonna Do Gawker? Only Justice
Brother."
(Editing by Colleen Jenkins and Bernadette Baum)
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