On Wednesday, October 21, 2015, a Florida state judge granted former WWE star Hulk Hogan the opportunity to search private electronic communications of employees of Gawker Media LLC, which is being sued by Hogan for intentionally leaking confidential and racist remarks made by the wrestler. The incident stems from the $100 million lawsuit filed by Hogan for Gawker’s role in allegedly releasing and covering the publication of a sex tape involving Hogan in 2012.
The famed-wrestler believes that employees of Gawker intentionally released information that was marked “Confidential – For Attorneys Eyes Only” when news of the sex tape first broke in the media, and it was through these employees that the entirety of the secretly videotaped encounter — specifically the racist remarks made by Hogan — became available to the public. The judge’s order allows for Hogan to access the private computers and phones of Gawker employees, to search emails and texts for key terms, such as his own name and the name of the woman in the sex tape scandal, in relation to the illegally released information.
Naturally, attorneys for the media company oppose the order granting limited discovery, saying it has “no basis in law or fact.” According to attorney Michael Berry, who is representing Gawker in the suit:
“This order should send a shiver down the spine of all media companies and anyone who believes in the free press. It says that a court can confiscate all data in a media company’s computer system based on nothing more than a baseless hunch and accusation. It then gives a litigant all reporters’ and editor’s data that mentions his name and a long list of other names. This order is an affront to the First Amendment.”[1]
Throughout litigation, Gawker has denied any involvement in the release of confidential information or in being the source to release Hogan’s racist remarks, which have crippled the wrestler’s public persona and relationship to the media. A forthcoming appeal of the order is expected soon.