Hulk Hogan wants Gawker to remove a narrative that describes his infamous sex tape.
The 59-year-old wrestler was granted a temporary restraining order against the site after it posted a clip of the reality star’s sex tape. Although it has since been removed, Gawker is refusing to remove a narrative of the video penned by by former editor A.J. Daulerio.
Hulk Hogan is also upset that Gawker is still linking to a website that hosts the sex tape. The wrestler and his lawyers feel that the site is disobeying an order to “to remove the written narrative describing the private sexual encounter” as well as any links to the video.
Editor John Cook said he refuses to remove the narrative despite an order from Florida Judge Pamela Campbell to do so. He explained:
“A lawful order from a circuit court judge is a serious thing. While we vehemently disagree with Campbell’s order with respect to the video itself, we have chosen to take it down pending our appeal. But the portion of the order compelling us to remove the entirety of Daulerio’s post — his words, his speech — is grossly unconstitutional. We won’t take it down.”
A Florida appeals court issued an emergency stay of the temporary injunction to Gawker on Monday. This will effectively allow the site to host the sex tape narrative until everything is worked out in court.
The Hollywood Reporter obtained a motion by Hulk Hogan’s attorneys which explained why the website should be help in contempt for continuing to host the description.
The motion reads:
“Gawker Media argues in [the post] that it has the right to continue to publish the narrative description of Plaintiff’s private sexual activities because such discourse is protected by the First Amendment. Not only is this contention incorrect on the merits (Plaintiff established in his Motion for Temporary Injunction that Gawker Media’s post was unprotected expression), but it is well-established that even if the terms of an injunction are inconsistent with the First Amendment, a party has no right to disobey it but must challenge the injunction through legal channels.”
The sex tape featuring Hogan and Bubba the Love Sponge’s wife Heather Clem surfaced last year. Hogan sued his friend in October, though they later settled out of court. Hogan has also sued Gawker for $100 million in monetary damages after the site posted excerpts from the video.
What do you think about Hulk Hogan and his case against Gawker? Do you believe the website should take down the sex tape narrative?