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Netflix documentary considers the dangerous ramifications of Bollea v. Gawker for the

*for the free press

From The Atlantic

The most memorable moment in Nobody Speak: Trials of the Free Press, a new documentary dropping on Netflix Friday, comes in the very first scene, when the former Gawker editor A.J. Daulerio is shown explaining to the camera that there's a hold on his personal bank account. For $230 million. It's a moment that the director, Brian Knappenberger, uses to convey the scale of the imbalance he perceives between a scrappy but impoverished press and an army of shadowy billionaires with endless pockets and a yen to muzzle the media.

But it's also a moment the movie could use more of: some behind-the-scenes insight into a case that was heavily dissected as it played out in 2016, after the former professional wrestler Hulk Hogan sued Gawker for publishing a video showing him having sex. Knappenberger has assembled a thorough and comprehensive recap of Bollea v. Gawker, in which the media gossip site was bankrupted by a decision that many saw as a harbinger of doom for the First Amendment. But there's not much his target audience won't already be familiar with. And in the movie's second half, when it changes direction to consider the manifold threats the media faces in 2017, it feels so much like hagiography that it's sometimes hard to take it seriously.

Still, the cast of characters is the stuff documentarians dream of. On the one side is Hogan/Bollea, the living, breathing manifestation of Florida Man, who in 2006 engaged in sexual relations with the wife of a shock jock named Bubba the Love Sponge Clem and was unwittingly (or not) filmed in the process. On that same side: Peter Thiel, the Silicon Valley billionaire and connoisseur of litigation who's also known for his offshore water cities and his ”immortality projects." Facing off against these two is Nick Denton, the Machiavellian Brit and ex-financial journalist who co-founded Gawker in 2002 with the goal of reporting the news journalists gossiped about amongst themselves but couldn't print.

Knappenberger sets the scene in the tense climate of 2016, when Donald Trump was ascending in the polls while raging at the supposedly crooked media. (Nobody Speak, which debuted at Sundance in January, seems to have been tweaked after the election.) The movie painstakingly lays out the nuances of the case by interviewing esteemed media reporters and freelance wrestling experts alike. Bollea, once an American icon so influential he had his own line of multivitamins, sued Gawker after they published excerpts from a tape of him having sex with Heather Clem. Gawker's lawyers argued that Bollea was a public figure who'd publicly bragged about his 10-inch penis. Bollea countered that there was a difference between Hulk Hogan and Terry Bollea, and that the former was a brash character engaged in ”puffery," while the latter was entitled to cuckold his friend in private.
 

Mask

Member
I mean, Gawker is hardly the thing you look at for the free press, considering the slimy shit they did. Hogan was merely the bullet that killed a much hated site, if it was something that was actually relevant to the public, then yeah, sure, it'd be a worry then, but videos of people being sexually abused? Fuck no, fuck Gawker.
 

phaonaut

Member
I mean, Gawker is hardly the thing you look at for the free press, considering the slimy shit they did. Hogan was merely the bullet that killed a much hated site, if it was something that was actually relevant to the public, then yeah, sure, it'd be a worry then, but videos of people being sexually abused? Fuck no, fuck Gawker.

Who was abused?
 
I mean, Gawker is hardly the thing you look at for the free press, considering the slimy shit they did. Hogan was merely the bullet that killed a much hated site, if it was something that was actually relevant to the public, then yeah, sure, it'd be a worry then, but videos of people being sexually abused? Fuck no, fuck Gawker.

Who was abused?
 
The biggest threat to any freedom, be it the right to bear arms or freedom of speech or freedom of the press, isn't the people who want it suppressed or taken away for their own ends, it's the people who abuse said freedom to hurt people, be it mass shootings, spewing hate speech, or violating peoples' privacy for clicks and giggles.

While the idea of a billionaire with a grudge financially destroying a media outlet is pretty fucked on principle, people generally care more about justice than things like principle and law and rights, so when it happened to Gawker people cheered because Gawker had done so much horrible shit (remember, the sex tape wasn't the only thing that came up in the trial) that they deserved to get financially destroyed. Similarly, if all of the outlets who posted hit pieces on the guy who was brutalized by United Airlines a few months back were sued into oblivion I think people would be cheering there too.

There's plenty of looming threats to the freedom of the press in the era of Trump, don't get me wrong- but Gawker is probably the worst possible outlet to pick as your cause's martyr. And honestly, I don't think there's going to be too much of a chilling effect from that verdict on anyone other than those who think that posting other peoples' sex tapes without their permission and giving a judge the finger when they order you to take it down is a good idea.
 

Kinyou

Member
Knappenberger also interviews Gawker editors, who defend their coverage of ”true stories about bad people."
Hmmm...

C1mNrzt.jpg


http://www.huffingtonpost.com/larry-womack/james-franco-gawker_b_7816032.html

It's also not like they even exposed Hogan's racism. That part was released much later.

Whether the amount of money is too extreme is arguable, but it's clear to me that Gawker fucked up.
 

rhandino

Banned
Who was abused?

Who was abused?

Gawker’s internal emails show callous response to ‘rape’ victim

Jurors at Hulk Hogan’s invasion-of-privacy trial heard Friday how former top Gawker editor Albert “A.J.” Daulerio — who put the infamous Hogan sex tape online — also posted video of the young woman engaged in sex in a bathroom stall at a Bloomington, Ind., sports bar in May 2010.

Days later, the woman wrote Gawker, begging that the video be taken down from its sports-themed Deadspin Website, according to e-mails read in court by Hogan lawyer Shane Vogt.

[...]

Gawker’s complaint department forwarded the message to Daulerio, along with a note saying, “Blah, blah, blah,” Vogt said.

Daulerio then e-mailed the woman and told her to “not make a big deal out of this,” adding: “I’m sure it’s embarrassing but these things do pass, keep your head up.”

Gawker was garbage.
 
In a world where we can have Carlie Hebdo as protected free speech, I'm more than willing to extend that protection to a celebrity sex tape leaking news site.

I feel the ramifications of Gawker going under have already been felt. Had they still been around this election cycle, we would have seen that dossier. They wouldn't have sat on that shit like the rest of the news media.
 

PSqueak

Banned
In a world where we can have Carlie Hebdo as protected free speech, I'm more than willing to extend that protection to a celebrity sex tape leaking news site.

Didn't Gawker also out a person against their will? Would you also extend protection to that?
 
Didn't Gawker also out a person against their will? Would you also extend protection to that?

Is it true? Then I don't care.

Is it false? Then he can sue them.

This is America and people here care about other people's sex lives for whatever reason. IIRC, they got flack for it ethics wise but it was by no means illegal.
 

LordRaptor

Member
I thought I remembered commenting on this here when it happened, and I stand by what I said then.


In a world where we can have Carlie Hebdo as protected free speech, I'm more than willing to extend that protection to a celebrity sex tape leaking news site.

Charlie Hebdo are protected by a Satire defence.
Finding their satire distasteful is kind of the point; the truth is often brutal and uncompromising, and remains the perogative of fools to point it out.

Posting a celeb sex tape is not satire, so it shouldnt be protected as such.
Its also not of the public interest, even though the public might be interested in it.

I don't need to see a sex tape of Comrade Trumpski being pissed on by Russian hookers; the fact that such a tape (allegedly) exists and is in the possession of a not-exactly-friendly foreign power that could use it to exert influence is in the public interest.

Didn't Gawker also out a person against their will? Would you also extend protection to that?

Also a case where "in the public interest" is confused with "things the public might be interested in".
Prurience is not and never has been any form of journalistic safe haven.
 

xRaizen

Member
Is it true? Then I don't care.

Is it false? Then he can sue them.

This is America and people here care about other people's sex lives for whatever reason. IIRC, they got flack for it ethics wise but it was by no means illegal.
What the fuck

There's something called privacy
 

Beartruck

Member
The reason Gawker got fucked is because they received a court order to take down a video, and they refused. Judges don't look too kindly on that.
 

Ri'Orius

Member
every single major news site you will ever read will have written horrible, indefensible stories if they've existed long enough.

that doesn't mean freedom of press isn't important.

Nobody's saying that freedom of the press is unimportant. But so is personal privacy. We need a judiciary to weigh the two against each other, and in the case of the Hogan sex tape said judiciary came to the right decision.

Although it sounds like the damages awarded were excessive. For some reason a financial institution can bilk millions out of the system or a sports team can ignore a coach raping kids and each gets only a slap on the wrist, but when it comes to insulting a former wrestler it's nine figures in damages...
 
In a world where we can have Carlie Hebdo as protected free speech, I'm more than willing to extend that protection to a celebrity sex tape leaking news site.

I feel the ramifications of Gawker going under have already been felt. Had they still been around this election cycle, we would have seen that dossier. They wouldn't have sat on that shit like the rest of the news media.

This is the stupidest argument.

Humans aren’t not entitled to privacy just because they’re celebrities. Nobody was going around celebrating Jennifer Lawrence having photos leaked. She was seem as a victim and nobody would defend people publishing her photos for profit. But because it’s hulk hogan and he’s a joke and a man apparently posting him having sex is just as minor as comic satire?
 
You don't care someone was outed against their will?
Are you fucking serious right now? Is everything that's not "illegal" fine to you? What the fuck.

Yes. I don't care. Neither should anyone else care if someone is gay or is outed as such. We should be in a world where such a revelation isn't even newsworthy and jumping on this story isn't helping that.

Why was staying closeted so important to him? Oh right, because he had a wife who was totally kept in the dark about it. What a noble cause, I'm sure she's fine with her own safety taking a backseat while we argue over his right to keep his adultery private.
 

Imbarkus

As Sartre noted in his contemplation on Hell in No Exit, the true horror is other members.
The existence of rich, shadowy, powerful figures out to silence and circumvent the news media is not a new development in history. It has always been, and the Free Press is not a thing that has always been. The development of the printing press itself led to a democratization of press and media never-before-seen.

The internet brought about another secret revolution in access to publishing. Gawker as a new independent media outlet and its tactics via sex tapes and outing middle-level execs at competing media companies was not the only development that made people question what was happening. Suddenly unwitting users of social media on both sides of America's poltical divide were being targeted and called out by new media outlets for their tweets and comments. Andy Warhol's promised 15 minutes of fame expanded to include both your reality TV audition... and your Buzzfeed hit piece on that tweet you made out of ignorance, or a HeatStreet callout for the Russian botnet to come harass you suddenly for your long-held stances.

I have a theory that public support for the Free Press is a bit low right now because the general public began to feel they can easily become the next target of the Free Press. Meanwhile, it is the very freedom of literally anyone to start up and publicize their "News Site" with no vetting, backing, or informational double-checks at all that has fed our "fake news" situation. So, in a way, many of us miss the cost of paper and printing as a simple vetting process to keep the nutters and the fly-by-night-propaganda-rags from spewing however much they like of whatever they like as "news."

So although lately I have found myself rallying behind the press and traditional media lately, adding paying subscriptions to both The New York Times and the Wall Street Journal, I am a bit unsympathetic towards new internet media companies that expected to single-handedly redraw the lines on what (and who) was acceptable to cover, and not face backlash.

That Trump and company took advantage of this backlash to launch a terrifyingly successful attack against actual news media is not something I feel the management at Gawker should feel just happened around them. Thumbing their nose at old news media standards of media responsibility is part of what fed this erosion.
 
Yes. I don't care. Neither should anyone else care if someone is gay or is outed as such. We should be in a world where such a revelation isn't even newsworthy and jumping on this story isn't helping that.

Why was staying closeted so important to him? Oh right, because he had a wife who was totally kept in the dark about it. What a noble cause, I'm sure she's fine with her own safety taking a backseat while we argue over his right to keep his adultery private.

Sometimes I remember that not all of Neogaf is composed of human beings.
 
We should be in a world where such a revelation isn't even newsworthy and jumping on this story isn't helping that.

We should also be in a world absent of homophobia and discrimination and violence against gays, and yet we are not.

Why was staying closeted so important to him? Oh right, because he had a wife who was totally kept in the dark about it. What a noble cause, I'm sure she's fine with her own safety taking a backseat while we argue over his right to keep his adultery private.

That is no one's business and certainly not for a corporation to interfere in.
 

old

Member
He didn't know he was being filmed. The film was published without his permission. It's obvious his gender is affecting some people's ability to sympathize with him having his privacy violated.
 

rhandino

Banned
Is it true? Then I don't care.

Is it false? Then he can sue them.
Garbage argument.

They always did shit like that because they knew they could get away with it because normal people could not afford the cost to defend themselves against them or feared to get even more exposed.

Gawker very much deserved what happened to them even if the person that delivered the blow was also a reprehensible POS.
 

LordRaptor

Member
thoughtful post

Very well said.

Garbage argument.

They always did shit like that because they knew they could get away with it because normal people could not afford the cost to defend themselves against them or feared to get even more exposed.

And if anyone did, they were indemnified from taking actual responsibility thanks to their insurance cover.
Which was why thiel backed Hogan doing what he did in the exact manner that he did it; so that the people responsible were actually held accountable for their actions directly.
 

Previous

check out my new Swatch
If Peter Theil didn't exist, and Hulk was richer, he could of used his own money and the verdict and judgement would of been exactly the same.

Gawker was being a bully, and didn't expect a bigger bully to come defend the wimpy kid.

Gawker's lack of professionalism and disregard for peoples privacy set a precedent that could one day be abused against legitimate journalists. They have no one but themselves to blame.
 
Yes. I don't care. Neither should anyone else care if someone is gay or is outed as such. We should be in a world where such a revelation isn't even newsworthy and jumping on this story isn't helping that.

Why was staying closeted so important to him? Oh right, because he had a wife who was totally kept in the dark about it. What a noble cause, I'm sure she's fine with her own safety taking a backseat while we argue over his right to keep his adultery private.
We DO live in a world where a person's sexuality is important. This man can now be discriminated against because of something he want the public to know.

Gay people are discriminated against every single day. Are you fucking seriously trying to say outing someone against their will is okay?

Fucking Christ. Things like this aren't taken lightly because they could put somebody who could be in danger of serious physical harm.
 

D4Danger

Unconfirmed Member
Gawker didn't represent the free press, it was a blog run by bullies. They eventually picked on someone with deep enough pockets to fight back and lost.

Just look at the news today. It's had absolutely no affect on the work they do.
 

The Hobo

Member
Thiel simply funded the lawsuit. It was Gawkers own actions, both before and during the trial, that lost them the case.

People should worry less about a billionaire with a grudge "shutting down" Gawker, and more on the fact that it took the resources of a billionaire to actually go up against them in court.
 

xRaizen

Member
Thiel simply funded the lawsuit. It was Gawkers own actions, both before and during the trial, that lost them the case.

People should worry less about a billionaire with a grudge "shutting down" Gawker, and more on the fact that it took the resources of a billionaire to actually go up against them in court.

Completely agree
 
Thiel simply funded the lawsuit. It was Gawkers own actions, both before and during the trial, that lost them the case.

People should worry less about a billionaire with a grudge "shutting down" Gawker, and more on the fact that it took the resources of a billionaire to actually go up against them in court.

Yep

You see it in A.J. Daulerio’s deposition in Gawker’s trial with Hulk Hogan. In the deposition — taped before the trial — Gawker’s former editor is asked whether it was correct to say that he never considered the person on the other end of his story. His answer? “Correct.” Asked “Had you known that Hulk Hogan would be emotionally distressed by this publication, you would have still published it, correct?” His reply? “Sure, yes.” Asked whether he even cared when writing it if it was actually Hogan in the video, his reply? No, he did not. Then asked whether there were any sex tapes he would not consider newsworthy or publishable, he replied only “if it were a child.” Under what age? “4.”
 
Charles Harder, the lawyer who Thiel paid to represent Hogan, is also leading a lawsuit against TechDirt for libel over them calling BS on the guy who "invented email".

https://www.techdirt.com/articles/2...dirt-survival-fund-i-support-journalism.shtml

From a GQ article on Harder:
http://www.gq.com/story/charles-harder-gawker-lawyer

As we talk, Harder reflects on what it's like to now have reporters writing not about his clients but about him—and the perils that represents. “If they were to say something that's factually false and hurts my business, they're gone. They're toast,” Harder says. “And I've got a law firm. And what are my costs? A $400 filing fee? Okay. You know, I could put $10 million of value into a case, no problem.” Harder, ever the gracious host, smiles his non-bleached smile as he says this in a perfectly pleasant tone. My stomach drops as I realize “they” includes me.

The guy wants to actually tear down libel laws to make it easier to sue people for saying something the disagree with.

I have no qualms with Hogan going after Gawker, they deserved it. My issue is that a billionaire stepped in to drive the price up on the lawsuit and bankrupt a company. AFAIK Hogan and Gawker had an agreement in place prior to Thiel stepping in. Harder's motives in court don't help things either.
 
So rather than interview actual legal experts who might be able to deal with the fiction of this tort case in Florida having terrifying national free press implications, they decide that wrestling experts and hysterical "journalists" are good enough?

Well then.
 
Dude, get off of GAF for once. I mean, goddamn, I know people say this place is an echo chamber but are you really that out of touch to claim no one was celebrating those leaks. Why do you think they kept happening?

By celebrating I mean nobody was saying “this is an important constitutional issue and we should all encourage websites to publish them”.

With hogan everyone is all lol hogan, with her nobody was ever arguing that there was a moral argument why they should be distributed.
 
I have no qualms with Hogan going after Gawker, they deserved it. My issue is that a billionaire stepped in to drive the price up on the lawsuit and bankrupt a company. AFAIK Hogan and Gawker had an agreement in place prior to Thiel stepping in. Harder's motives in court don't help things either.
The slippery slope leads to dangerous places, I agree. But I find it very hard to dredge up even a modicum of sympathy for Gawker, after they thought that this was a worthwhile article to post

27cBsSqg.png
 
I find it very hard to dredge up even a modicum of sympathy for Gawker, after they thought that this was a worthwhile article to post

27cBsSqg.png

Did I say I took issue with Gawker being sued? It's the ramifications of a billionaire funding a lawsuit, they technically don't have involvement in, with the intent of destroying a company/business as a vendetta and using a lawyer who wants to have libel laws redone. Never mind the fact that Thiel is a Trump supporter whom has also said he wants to get rid of libel laws.

This is also a slippery slope of frustration because had Thiel funded a lawsuit against a company that was harming peoples health out of good will we'd be looking at things differently
 

Hari Seldon

Member
So rather than interview actual legal experts who might be able to deal with the fiction of this tort case in Florida having terrifying national free press implications, they decide that wrestling experts and hysterical "journalists" are good enough?

Well then.

The documentary boom due to Netflix has lowered the overall quality of documentaries I have noticed.
 
Yes. I don't care. Neither should anyone else care if someone is gay or is outed as such. We should be in a world where such a revelation isn't even newsworthy and jumping on this story isn't helping that.

"If I hide my head in the sand and pretend that everything is the way that it 'should be,' then everything's great!"
 
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