4 ms·
From a legal perspective, this case only sets precedent in Florida (it was tried at the state not federal level) unless it manages to worm its way up to the Sup
by skuhn 11y ago
From a legal perspective, this case only sets precedent in Florida (it was tried at the state not federal level) unless it manages to worm its way up to the Supreme Court and get heard. While there are less important states it could have been heard in, there are also considerably more important states where the precedent could be used to greater impact. I'm undecided on whether that's good or bad.
Financially speaking, the jury has objectively awarded Hogan a ton of money ($15mm more than he was seeking even) -- and punitive damages have not even been decided yet! It's not inconceivable that the total amount will approach Gawker's entire net worth. But that isn't how damages are decided -- something like this can clearly have a considerable negative lasting impact on the ability to earn in the future, and I think it's clear in this case that Hogan has been impacted in this way. I'm sure that played into the jury's math. Without knowing more about their deliberations, I think it's too early to say if they erred on the high side.
From the perspective of media companies starting to worry about being torn to shreds for posting this sort of thing, all I can say is "good". Freedom of speech is extremely important. A free press is extremely important. Posting an illegally obtained sex tape and then further refusing to remove it is not a victory for either, it is sleaziness and pandering to the lowest denominator of society to make a buck.
The best way to combat that tendency of some parts of the media is to make the buck not worth grabbing -- when you risk having to pay it back ten times over.