Question

In Bollea v. Gawker the man known professionally as Hulk Hugan sued Gawker for posting portions of a sex tape of Plaintiff with a woman who was not his wife. Plaintiff’s claims included invasion of privacy, infringement of copyright and personality rights, and intentional infliction of emotional distress (a tort: don’t work with this issue!).

Prior to trial, Plaintiff’s lawyers said the privacy of many Americans was at stake while Gawker's lawyers said that the case could hurt freedom of the press in the US. At trial the jury found Gawker liable and awarded the Plaintiff many millions of dollars in damages. Gawker appealed, and the parties subsequently settled out of court.

There were many issues for the court in this case, but in terms of intellectual property or privacy only, what was one Issue presented to the court? (Note, there are several. Select just one, and be sure to phrase it in terms of a question you can answer with a simple Yes or No).

What is the Rule the court must apply to make a decision on the single issue you’ve identified?

Apply the law to the facts: What are Hogan’s best arguments? What facts best support those? What are Gawker’s best arguments? What facts best support those?  

Draw a conclusion: What do you think the court should have decided on the issue you identified? (Answer Yes or No, and support your answer by explain which arguments you think were most persuasive and why. Your answer should flow logically from you’re the Application section above).

Answer 1

The one issue which was presented to the court was that "whether the right to privacy of the is higher than freedom of press"?

The court must decide between an individual's privacy and freedom of expression or press. Whether the individuals such as Gawker are authorized to interfere in other people's private lives and make them public.

Hogan's best arguments are Right to privacy and infringement of privacy.

The tape of Plaintiff itself is a proof of infringement of privacy.

Gawker can argue that the tape recorded Hulk Hugan having an affair with a woman who wasn't his wife. This is not only unethical but, illegal too.

The tape again is a proof of Gawker's argument.

The court should have ruled in favor of Hulk Hugan, as the right to privacy is higher than freedom of press. However, Hulk must be sued on basis of having an extramarital affair.