A few days ago, a jury in Florida awarded Hulk Hogan (real name Terry Bollea) $140 million because Gawker posted a leaked sex video of the former wrestler. Rather than focus on the lurid details (which you can Google), let’s look at the law that led to the two-week trial. To recap, Gawker allegedly received the video from an anonymous source. Other news outlets reported the existence of the tape. Gawker decided to publish the video in 2012 and had it on its site for six months. What Issues Went to the Jury The lengthy jury instructions indicate Bollea sued for (1) invasion of privacy; (2) violation of his right of publicity; (3) intentional infliction of emotional distress; and (4) a violation of Florida’s Security of Communications Act. Gawker denied the allegations and contend their actions were protected by the First Amendment. Florida law on invasion of privacy A number of acts can constitute an invasion of privacy. The first claim was for…
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