Pinellas News
In legal twist, Hulk Hogan might copyright sex tape
JOSÉ PATIÑO GIRONA
Published: November 9, 2012
TAMPA - Attorneys representing Hulk Hogan and a celebrity gossip website argued in federal court Thursday over whether a sex tape featuring the wrestler is protected by the First Amendment or if posting the video goes beyond the public's right to know.Published: November 9, 2012
Hogan's attorneys have asked for an injunction forcing Gawker Media, the owner of the online gossip site Gawker.com, to take down a video clip of Hogan having sex with the ex-wife of radio host Bubba the Love Sponge Clem. U.S. District Judge James Whittemore told attorneys he plans to make a ruling next week.
"The tape at issue was recorded without the plaintiff's knowledge or consent," Hogan's attorney, Kenneth Turkel, told Whittemore.
Hogan has now filed an application for copyright of the recording, Turkel said. The move could give Hogan's attorneys another legal avenue to pursue to force the website to take down the video.
An attorney for Hogan argued in an earlier letter to Gawker that posting the video is an infringement of privacy and could affect Hogan's image and career.
Gawker attorney Gregg Thomas argued that the video recording was protected under the First Amendment.
"We'll concede this isn't 'Mr. Smith Goes to Washington' or 'Citizen Kane,' " Thomas said. But, he said, "Tabloid journalism in America is protected under the newsworthy standard every day."
In the video, Hogan, whose real name is Terry Bollea, went to the home of Clem, who allegedly allowed Hogan to have sex with Heather Cole, his wife at the time.
Hogan, 59, also sued Clem, and the two recently settled the lawsuit. The conditions of the settlement weren't made public, but Clem wrote a statement of apology in which he said Hogan wasn't aware he was being recorded.
The Gawker website still has posted an excerpt of the 30-minute video, which was recorded about six years ago.
jpatino@tampatrib.com (813) 259-7659