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Hogan said that he knew Clems had "an alternative lifestyle" and that he had stopped by their house "just to say hello" when Heather tempted him.
Bubba testified that he burned the video to a DVD, wrote "Hogan" on it, and put it in a desk drawer.
On October 4, 2012, Gawker editor AJ Daulerio published a two minute extract from the 30-minute video, including 10 seconds of explicit sexual activity.
Hogan originally sued Gawker for copyright infringement in the United States District Court for the Middle District of Florida, seeking a temporary injunction. U.S. District Judge James D. Whittemore denied the motion, ruling that the validity of the copyright was in question, and that given the degree to which Hogan had already put his own private life into the public arena, the publication of the video might be protected by fair use.
Hogan originally sued Gawker for copyright infringement in the United States District Court for the Middle District of Florida, seeking a temporary injunction. U.S. District Judge James D. Whittemore denied the motion, ruling that the validity of the copyright was in question, and that given the degree to which Hogan had already put his own private life into the public arena, the publication of the video might be protected by fair use.
Hogan dismissed the federal case and sued Gawker in Florida state court. There, his request for an injunction was granted by Judge Pamela Campbell in 2013. Gawker announced that it would not comply with the part of the court order requiring the removal of the post and associated commentary because it deemed the order "risible and contemptuous of centuries of First Amendment jurisprudence." Gawker removed the video itself, but linked readers to another site hosting the video.
The injunction was quickly stayed on appeal, and was denied in 2014 by the appeals court, which ruled that under the circumstances it was a prior restraint on speech that was unconstitutional under the First Amendment. Gawker tried to get Judge Campbell to dismiss the case based on that ruling, but the case went to trial.
Don't say Hello, it will be shown on YouTube and the likes. Just a thought.
Don't say Hello, it will be shown on YouTube and the likes. Just a thought.
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