Gawker Media, Llc. v. Bollea

129 So.3d 1196 (2014)

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Nature of the Case

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Facts

In 2006, Mr. Bollea (P), Hulk Hogan, engaged in extramarital sexual relations with a woman. The sexual encounter was videotaped without P's consent or knowledge. On October 4, 2012, D posted a written report about the extramarital affair on its website, including excerpts of the videotaped sexual encounter ('Sex Tape'). P claims he never consented to the Sex Tape's release or publication. D maintains that it was not responsible for creating the Sex Tape and that it received a copy of the Sex Tape from an anonymous source for no compensation. P initiated an action in federal court against D and others asserting claims for invasion of privacy, publication of private facts, violation of the right of publicity, and infliction of emotional distress. P filed a motion for preliminary injunction, seeking to enjoin Ds from publishing any portion of or any content from the Sex Tape. The injunction was denied in that it would be an unconstitutional prior restraint under the First Amendment and that notwithstanding the First Amendment issue, P otherwise failed to demonstrate that he was entitled to a preliminary injunction under the applicable injunction standard. P dismissed the federal suit and file a state action. The circuit court issued an order on April 25, 2012, granting the motion for temporary injunction. D appealed.