The most interesting thing to know after reading this post is just how sensitive and HIGHLY CONFIDENTIAL the papers and pleadings are. How do you know they are so important? Well, read right down at the bottom where it says, in big bold letters..
HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY
It is not at all important where I got the 979 pages worth of such highly sensitive information. What is so important to know about the whole case Hogan v. Clem is that the common understanding about the true nature of the case was not at all what was reported. Below is an excerpt taken directly from the pleadings which is Gawker Media’s take on the whole case. Gawker media takes the position that the whole case was not so much about the sex component, but really a reaction to comments alleged to have been made by Bollea.
The important thing for every consumer to take away from this very high profile case is just how significant all these issues were. The Hogan v. Clem case is a very important case that deals with issues faced by many consumers and individuals…namely the importance of protecting ones privacy and online reputation.
Keep that in mind as you read the pleadings, both the ones that are excerpted here….and in the 979 pages of documents that are attached.
In public and in this Court, plaintiff Terry Bollea, professionally known as Hulk Hogan,
has alleged that this case is about the harm caused by a tape depicting him having sex. In
private, however, Hogan admitted a very different motivation for filing suit: He wanted to
protect his public image after being told that the sex tape(s) included footage of him making
“several racial slurs.”
In the Spring of 2012, a timeline of Hulk Hogan sex tapes circulated in the Tampa radio
community. The timeline showed that during his filmed encounters with the Clems, Hogan used
several racial slurs. A website then published still photos from a sex tape filmed in the Clems’
bedroom and suggested that the tape showed Hogan making statements “about black people.”
After Gawker later posted the Video Excerpts, Hogan was told that a sex tape showed himmaking
“several racial slurs.” As the timetable of events makes clear, that knowledge is what
prompted this lawsuit.
Indeed, shortly before he filed suit, Hogan sent a text message to his best friend, Bubba
the Love Sponge Clem, making clear his motivation. As Hogan explained to Clem, “I have a
PPV [pay-per-view] and I am not waiting for any more surprises because we know there is a lot
more coming.” Specifically, Hogan expressed to Clem his real concern: “[w]e know there’s
more than one tape out there” and “were told” that one “has several racial slurs.”
At trial, the Publisher Defendants plan to argue that Hogan filed this lawsuit, and has
sought an injunction and the destruction of the sex tape(s), not based on any harm from the brief
snippets of grainy footage showing him engaged in sexual activity, a subject which he has
regularly publicized, but because he was concerned that if additional footage were released it
would show him making “several racial slurs.” This argument will be based on evidence
adduced in discovery and is premised on hornbook legal principles: a party’s admissions are
admissible evidence; out-of-court statements are admissible for non-hearsay purposes and
impeachment; a litigant can ask questions at trial to build a foundation for the admission of
evidence, including to establish that evidence is subject to hearsay exceptions; and documents
can be used to refresh witnesses’ recollections. These fundamental rules of evidence apply even
when the evidence in question relates to offensive and embarrassing evidence, such as racial
Importantly, all of the documents are listed here: