5 ms·

Am I the only one who sees a major difference between publishing a negative story about someone and publishing an illegaly-obtained sex tape in its entirety, an

Am I the only one who sees a major difference between publishing a negative story about someone and publishing an illegaly-obtained sex tape in its entirety, and refusing to take it down after a judge orders to do so? I get the concern that blowback a could happen, but Gawker died because of Gawker, not just because some rich guy went after them.

slaveofallah93 9y ago
I don't think you are the only one. I imagine the courts would have the same opinion.
spinlock 9y ago
This is what's called a "chilling effect." Sure, the next paper might not get put out of business if Tiel decideds to sue them, but an editor could loose his job for publishing the story that pissed him off.
- MBCook 9y ago
  But people should be blaming Gawker not Tiel.
- CrystalLangUser 9y ago
  Do you understand the situation with Gawker at all? The “chilling” effect is really just not publishing private sex tapes (just for views, mind you) and refusing to take them down when ordered to... also not outing gay people. In other words, a bit of common decency. There is a monumental difference between that and writing a negative article. The “chilling” effect is not self imploding your news organization by doing stupid things over and over.
  - aphexbr 9y ago
    Actually, the chilling effect is due to that the lawsuit against Gawker only went as far as it did because Hogan teamed up with Peter Thiel, who had a personal vendetta against them over a story they had written about him. By all accounts, the issue was going nowhere until he got involved and funded Hogan. Thiel has now turned his attention on other outlets, currently attacking Techdirt for the (true) stories they wrote about Shiva Ayyaduria (who Thiel was also helping in a lawsuit against Gawker, among numerous other suits he was financing). That's the important part here - lots of lawsuits, some much more frivolous than others - were being launched because a billionaire doesn't like the outlet. If the Hogan case didn't bury them, he had plenty more lined up until something did. What's being exposed is a situation where pissing off the wrong guy can bury companies in court (and legal fees even if they're found innocent), and that it's too easy for one rich guy with a vendetta to do this. The issue is muddied because Gawker were clearly in the wrong, both legally and morally, with the Hogan tape. But, this will still have a chilling effect on people writing factually and morally correct articles if they fear they'll piss off the wrong guy. That's the issue - Thiel is going around trying to shut down media outlets he doesn't like, the fact that Gawker were a horrible outlet to begin with doesn't negate that. "There is a monumental difference between that and writing a negative article." Yes, and his current target wrote negative articles about his current client, articles that are backed by solid evidence that they are true. Nothing Techdirt has said is demonstrably false, and their attacks on Shiva's claims are always backed by verifiable evidence. The Techdirt case is far more defensible than the Gawker one, but the same principles apply, as does the chilling effect it will be having on other outlets.
willbw 9y ago
You're not the only one.
Overtonwindow 9y ago
Gawker died because when someone asked if they had any decency, any concern and respect for a person's private life, they responded with a resounding absolutely not. Gawker died because they basically became the media version of Roy Cohn.
- scriptproof 9y ago
  https://www.hiti.fr/2016/images/hulk-hogan-gawker.jpg https://www.hiti.fr/2016/images/hulk-hogan-gawker.jpg They were a bit arrogant.
awkwarddaturtle 9y ago
> but Gawker died because of Gawker, not just because some rich guy went after them. No. Gawker died because of a billionaire who wanted to take it down and the mass PR firm he hired to get people on his side on social media. Also, the top comments on this thread are repeating the same lies over and over again. > publishing an illegaly-obtained sex tape in its entirety Was it illegal? Then why isn't the gawker people in prison? > and refusing to take it down after a judge orders to do so? They have a right to refuse an unconstitutional order and their refusal was vindicated by the courts. "The injunction was quickly stayed on appeal, and was denied in 2014 by the appeals court, which ruled that under the circumstances it was an unconstitutional prior restraint on speech under the First Amendment." https://en.wikipedia.org/wiki/Bollea_v._Gawker https://en.wikipedia.org/wiki/Bollea_v._Gawker The courts ruled that the judge's injunction violated FIRST AMENDMENT FREE SPEECH RIGHTS. The top comments in this thread repeat the same debunked lies over and over again. But I guess that's the power of billionaires and their PR firms. A lie repeated over and over again becomes the truth?
- openasocket 9y ago
  You have the right to appeal a temporary injunction for your sex tape and publish it without the approval of the subject, but people also have the right to judge you for that. You're also ignoring the part where Gawker lost at trial. They lost because the Gawker editor admitted under cross-examination he did not believe a depiction of Hulk Hogan's genitals had any "news value." On a more personal note, I really don't see any difference between this case and "revenge porn" cases.
  - awkwarddaturtle 9y ago
    > You have the right to appeal a temporary injunction for your sex tape and publish it without the approval of the subject I know. That's my point. Not only that, the appeals court ruled in favor of gawkers. > but people also have the right to judge you for that. Sure... >You're also ignoring the part where Gawker lost at trial. No I'm not. I actually addressed it. > They lost because the Gawker editor admitted under cross-examination he did not believe a depiction of Hulk Hogan's genitals had any "news value." No. That's not why they lost. Trials are FICKLE. > On a more personal note, I really don't see any difference between this case and "revenge porn" cases. What does this have to do with "revenge porn"?

slaveofallah93 9y ago

I don't think you are the only one. I imagine the courts would have the same opinion.

spinlock 9y ago

This is what's called a "chilling effect." Sure, the next paper might not get put out of business if Tiel decideds to sue them, but an editor could loose his job for publishing the story that pissed him off.

MBCook 9y ago
But people should be blaming Gawker not Tiel.
CrystalLangUser 9y ago
Do you understand the situation with Gawker at all? The “chilling” effect is really just not publishing private sex tapes (just for views, mind you) and refusing to take them down when ordered to... also not outing gay people. In other words, a bit of common decency. There is a monumental difference between that and writing a negative article. The “chilling” effect is not self imploding your news organization by doing stupid things over and over.
- aphexbr 9y ago
  Actually, the chilling effect is due to that the lawsuit against Gawker only went as far as it did because Hogan teamed up with Peter Thiel, who had a personal vendetta against them over a story they had written about him. By all accounts, the issue was going nowhere until he got involved and funded Hogan. Thiel has now turned his attention on other outlets, currently attacking Techdirt for the (true) stories they wrote about Shiva Ayyaduria (who Thiel was also helping in a lawsuit against Gawker, among numerous other suits he was financing). That's the important part here - lots of lawsuits, some much more frivolous than others - were being launched because a billionaire doesn't like the outlet. If the Hogan case didn't bury them, he had plenty more lined up until something did. What's being exposed is a situation where pissing off the wrong guy can bury companies in court (and legal fees even if they're found innocent), and that it's too easy for one rich guy with a vendetta to do this. The issue is muddied because Gawker were clearly in the wrong, both legally and morally, with the Hogan tape. But, this will still have a chilling effect on people writing factually and morally correct articles if they fear they'll piss off the wrong guy. That's the issue - Thiel is going around trying to shut down media outlets he doesn't like, the fact that Gawker were a horrible outlet to begin with doesn't negate that. "There is a monumental difference between that and writing a negative article." Yes, and his current target wrote negative articles about his current client, articles that are backed by solid evidence that they are true. Nothing Techdirt has said is demonstrably false, and their attacks on Shiva's claims are always backed by verifiable evidence. The Techdirt case is far more defensible than the Gawker one, but the same principles apply, as does the chilling effect it will be having on other outlets.

willbw 9y ago

You're not the only one.

Overtonwindow 9y ago

Gawker died because when someone asked if they had any decency, any concern and respect for a person's private life, they responded with a resounding absolutely not. Gawker died because they basically became the media version of Roy Cohn.

scriptproof 9y ago
https://www.hiti.fr/2016/images/hulk-hogan-gawker.jpg https://www.hiti.fr/2016/images/hulk-hogan-gawker.jpg They were a bit arrogant.

awkwarddaturtle 9y ago

> but Gawker died because of Gawker, not just because some rich guy went after them. No. Gawker died because of a billionaire who wanted to take it down and the mass PR firm he hired to get people on his side on social media. Also, the top comments on this thread are repeating the same lies over and over again. > publishing an illegaly-obtained sex tape in its entirety Was it illegal? Then why isn't the gawker people in prison? > and refusing to take it down after a judge orders to do so? They have a right to refuse an unconstitutional order and their refusal was vindicated by the courts. "The injunction was quickly stayed on appeal, and was denied in 2014 by the appeals court, which ruled that under the circumstances it was an unconstitutional prior restraint on speech under the First Amendment." https://en.wikipedia.org/wiki/Bollea_v._Gawker https://en.wikipedia.org/wiki/Bollea_v._Gawker The courts ruled that the judge's injunction violated FIRST AMENDMENT FREE SPEECH RIGHTS. The top comments in this thread repeat the same debunked lies over and over again. But I guess that's the power of billionaires and their PR firms. A lie repeated over and over again becomes the truth?

openasocket 9y ago
You have the right to appeal a temporary injunction for your sex tape and publish it without the approval of the subject, but people also have the right to judge you for that. You're also ignoring the part where Gawker lost at trial. They lost because the Gawker editor admitted under cross-examination he did not believe a depiction of Hulk Hogan's genitals had any "news value." On a more personal note, I really don't see any difference between this case and "revenge porn" cases.
- awkwarddaturtle 9y ago
  > You have the right to appeal a temporary injunction for your sex tape and publish it without the approval of the subject I know. That's my point. Not only that, the appeals court ruled in favor of gawkers. > but people also have the right to judge you for that. Sure... >You're also ignoring the part where Gawker lost at trial. No I'm not. I actually addressed it. > They lost because the Gawker editor admitted under cross-examination he did not believe a depiction of Hulk Hogan's genitals had any "news value." No. That's not why they lost. Trials are FICKLE. > On a more personal note, I really don't see any difference between this case and "revenge porn" cases. What does this have to do with "revenge porn"?