![]() ![]() The reality is this - no one knows what the legal line is when it comes to online reporting in the modern Internet era. Everything was fair game, that was the ethos of the site, to reveal the truth behind the artificial public relations construct of a modern meda era.īut where was the legal line? Was there a legal line at all? Moreover, the writers and editors had virtually no interaction with any legal team. During my time at Gawker the time between when an article was drafted and when it was published was virtually nonexistent. While newspapers published on a daily basis in the 1960’s, they had hours and hours before their articles went to press and they had teams of lawyers reviewing potentially controversial articles. Sullivan framework apply in the modern Internet era, when scandal and sex tapes and the demand for page views governs just about every newsroom? The practical result has been that it’s very difficult for any public figure in America to sue a news entity for defamation. The court found that when public figures are involved as plaintiffs in a defamation or libel case the plaintiff must prove that the publisher knew that the statement was false or acted in reckless disregard of its truth or falsity. Sullivan dealt with a massive newspaper’s decision to publish a newspaper ad during the Civil Rights Era. Sullivan standard and about how poorly it was crafted to handle the modern Internet era. When I was writing at Gawker I thought frequently about the New York Times v. We were, put simply, in uncharted legal territory. But it was nearly impossible to apply first amendment law to the online universe, there were few guiding principles. I regularly analyzed our posts from a legal perspective, contemplating how close we were to the line between permissible and impermissible behavior. ![]() The mantra was pretty simple, publish as you guys see fit. Indeed, I never received any legal instruction at all. When I worked at Gawker no lawyers were involved in any publication decisions. Most of these stories were ephemeral, morning or afternoon stories that vanished nearly as soon as they were published, the ice cream of social media, a constantly melting rush of sugary confection.īut occasionally there were stories that were more significant, stories that seemed to have significant legal issues at play. We could turn a tip into a story in twenty minutes or less. Every day we received hundreds, if not thousands, of email tips. That was especially the case when I worked, for a short period of time, for Gawker’s Deadspin blog. Sullivan.įrom the moment I started writing online I’ve thought about the legalities of what I do. ![]() Gawker has the potential to be as important of a First Amendment case as New York Times v. While the case has received a fairly substantial amount of news attention, most of the coverage hasn’t reflected the seriousness of the issues at stake. Hogan and his attorneys argue that discussing his sex life doesn’t give Gawker first amendment license to publish a secretly recorded sex tape which received millions of online pageviews. Gawker argues that its publication of Hogan’s sex tape is protected by the First Amendment because Hogan is a public figure and has discussed his sex life previously in books, interviews, and his reality TV show. In the video Hogan is sleeping with Bubba’s wife with Bubba’s consent. The video, which was received via anonymous tip to Gawker, was recorded without Hogan’s knowledge in the house of radio jockey Bubba the Love Sponge. Daulerio, the managing editor when I was an associate editor at Deadspin, posts an excerpt of the sex tape and humorously discusses what occurs in the video. The lawsuit, now in its third day in a Florida courtroom before a jury of six, stems from this post published by Gawker in October of 2012. In the post, A.J. Hulk Hogan is suing Gawker for $100 million for publishing a secretly recorded sex tape. (Update: A jury in Florida on March 18 returned a verdict in favor of Hulk Hogan, and awarded him a total of $115 million in damages). (Photo by Paul Kane/Getty Images) *** Local Caption *** Hulk Hogan Paul Kane Getty Images AsiaPac PERTH, AUSTRALIA – NOVEMBER 24: Hulk Hogan gestures to the audience during his Hulkamania Tour at the Burswood Dome on Novemin Perth, Australia. ![]()
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