2 ms·

Fair point on the defamation. Bringing up the Falwell vs. Flynt was more about protecting parody. Very few people would have taken seriously the idea that Fal

Fair point on the defamation. Bringing up the Falwell vs. Flynt was more about protecting parody. Very few people would have taken seriously the idea that Falwell would run an ad in Hustler magazine, it was clearly satire. In this case, however, the information was recorded without the other's party's notice. I'd have to look up the laws in California, but I know in NYS, we have to inform the other party when we are recording are the conversation. In this case, it's the right to privacy vs. freedom of speech. The argument that since a person is a celebrity he does not have privscy rights never made sense. He is entitled to his privacy as much as the rest of us.

harryh 11y ago
You said: "The 1st Amendment protects you from the GOVERNMENT, not from INDIVIDUALS." I was merely pointing out that this statement is wrong. The 1st amendment does protect defendants in civil trials. In this case it was found (rightly or wrongly) that Hulk's right to privacy outweighed Gawker's freedom of speech, but that doesn't mean the 1st didn't apply at all. It simply means it lost this time. It doesn't even mean that celebrity's rights to privacy will always outweigh freedom of speech. I'm sure that TMZ prints stuff every single day that celebrities would prefer to remain private and you don't see them losing lawsuits very often. This was a very particular case right on the edge of the line. And, by the way, it will certainly be appealed and Gawker could very well win in a higher court.