Gawker will need to pull the popular video from its entire network of sites now that Hulk Hogan has been granted a temporary restraining order, Hogan's attorney Charles Harder told The Hollywood Reporter.
Gawker initially posted a one-minute excerpt of a 30-minute sex tape featuring Hogan having sex with the wife of his friend, Todd Alen Clem, radio host Bubba the Love Sponge. The clip was part of an article was arguably a commentary on celebrity sex tapes.
Hogan's $100 million federal lawsuit alleged invasion of privacy, publication of private facts, misappropriation of his publicity rights, infliction of emotional distress, and a copyright claim.
Gawker pointed to its free speech rights, and the judge agreed. Florida federal Judge James Whittemore denied an injunction on grounds that what Gawker had published was newsworthy, and that the "factual finding supports a colorable fair use defense."
Hogan re-filed in state court, naming Gawker in the lawsuit along with Heather Clem, his partner in the video who is alleged to have had a role in leaking it. Judge Pamela Campbell of the Sixth Judicial Circuit in Pinellas County in Florida held a hearing Wednesday on Hogan's new motion, and granted the temporary restraining order.
The judge has ordered all versions and copies of the full-length sex tape, and all excerpts, clips, photos and transcripts of it to be delivered to Hogan's attorneys.
At this time, the video is still up along with the accompanying article on the Gawker website.
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