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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.
"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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