Owen Thomas: the 'Dirty Laundry' of Digital Media History
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Response Sympathy for the Devil: Gawker, Thiel, And
RESPONSE SYMPATHY FOR THE DEVIL: GAWKER, THIEL, AND NEWSWORTHINESS AMY GAJDA* At a time when some courts had shifted to protect privacy rights more than press rights, the Gawker website published a grainy and apparently surreptitiously recorded sex tape featuring professional wrestler Hulk Hogan. What the jury that awarded Hulk Hogan more than $140 million in his privacy lawsuit did not know is that Peter Thiel, an individual apparently motivated to bring Gawker down, had helped to bankroll the plaintiff’s case. This Response, inspired by The Weaponized Lawsuit Against the Media: Litigation Funding as a New Threat to Journalism, argues that both sides in the Gawker dispute deserve some level of sympathy. First, Gawker for rejecting at times too restrictive ethics considerations when those considerations can lead to non-reporting that protects the powerful. But it also argues that sympathy is due to Thiel whose parallel motivation was to protect individual privacy at a time when some publishers believed they could publish whatever they wished. It ultimately concludes that caps on damages might best balance important and competing interests between press and privacy. TABLE OF CONTENTS Introduction ................................................................................ 530 I. Gawker and Its Choices .................................................... 532 A. The Teenager v. Gawker ........................................... 538 B. The Acquitted and Gawker ....................................... 540 * The Class of 1937 Professor of Law, Tulane University Law School. I am grateful to the American University Law Review for soliciting this Response from me and for excellent editing assistance. Thanks also to Chris Edmunds and David Meyer for helpful comments. 529 530 AMERICAN UNIVERSITY LAW REVIEW [Vol. 67:529 C. Gawker and Hulk Hogan ......................................... -
Personal Foul? Deadspin and an Iconic Athlete CSJ
CSJ- 12- 0042.0 • • Personal Foul? Deadspin and an Iconic Athlete In the early 21st century, the simultaneous surge of celebrities and nonstop demand for content from digital news websites created a new world in sports journalism. Stories that traditional sports reporters and editors often rejected—either for ethical reasons or for lack of interest or evidence—became fodder for sports blogs (many written by fans) and other websites, including those of mainstream newspapers, magazines and television networks. The Internet with its 24/7 news cycle ramped up the race to break news first. Increasingly, gossip and innuendo became accepted as news in its own right. Sports editors had to find ways to compete while trying to maintain editorial standards. Enter Deadspin, a sports blog launched by Gawker Media in 2005. Like many sportswriters dating back to the 1960s, Deadspin shunned the accepted narrative of athletes as heroes. For Deadspin bloggers, however, digging into the off-the-field behavior of athletes was standard fare. Readers loved it. In 2009, the website attracted upwards of 2 million visitors a month. In February 2010, Deadspin Editor A.J. Daulerio learned that celebrated football quarterback Brett Favre, while with the New York Jets, in 2008 had sent cellphone photos of his genitalia to Jenn Sterger, an in-house sideline reporter for the Jets. Favre had been named the National Football League’s Most Valuable Player three times. Throughout his legendary career, Favre had built his image and reputation on being a family man (he was married, with two daughters and a grandchild) and as a sponsor of many charities. -
Bankruptcy MVP: Ropes & Gray's Gregg Galardi by Andrew Strickler
Portfolio Media. Inc. | 111 West 19th Street, 5th Floor | New York, NY 10011 | www.law360.com Phone: +1 646 783 7100 | Fax: +1 646 783 7161 | [email protected] Bankruptcy MVP: Ropes & Gray's Gregg Galardi By Andrew Strickler Law360, New York (December 12, 2016, 1:14 PM EST) -- The Gawker Media bankruptcy saga dominated the news this year, putting lead Gawker counsel Gregg Galardi of Ropes & Gray LLP in the center of the action and among Law360's 2016 Bankruptcy MVPs. With Gawker as his primary focus since his arrival at the firm’s New York office in February, Galardi said only some of the many twists and turns of the case were immediately apparent at the outset. But with the end of the year in sight and a Chapter 11 BANKRUPTCY approval date this week, Galardi said the matter has moved into any number of areas, including free speech and third- party litigation funding, rarely touched by bankruptcy practitioners. “It’s been amazing to see how someone could litigate with a media company and actually put a successful company out of business,” Galardi said, referring to a $140 million judgment against the company and the involvement of billionaire Peter Thiel, who funded Hulk Hogan’s invasion of privacy suit. Gregg Galardi “People may say the jury made that decision, but we still Ropes & Gray feel the judgment was incorrect and if it were not for the bankruptcy, we’d still be litigating it and that the judgment would have been eventually overturned,” Galardi said. Already an experienced bankruptcy partner when he made the move from DLA Piper, Galardi has further distinguished himself as leader of the Ropes & Gray team that negotiated Gawker Media's unusual journey through Chapter 11. -
Gawker, Thiel, and Newsworthiness Amy Gajda Tulane University Law School, [email protected]
American University Law Review Volume 67 | Issue 2 Article 10 2018 Sympathy For The evD il: Gawker, Thiel, And Newsworthiness Amy Gajda Tulane University Law School, [email protected] Follow this and additional works at: http://digitalcommons.wcl.american.edu/aulr Part of the First Amendment Commons Recommended Citation Gajda, Amy (2018) "Sympathy For The eD vil: Gawker, Thiel, And Newsworthiness," American University Law Review: Vol. 67 : Iss. 2 , Article 10. Available at: http://digitalcommons.wcl.american.edu/aulr/vol67/iss2/10 This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University Law Review by an authorized editor of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Sympathy For The evD il: Gawker, Thiel, And Newsworthiness Keywords Hulk Hogan, Peter Thiel, individual privacy, journalists, newsworthiness, constitutionally protected press rights This article is available in American University Law Review: http://digitalcommons.wcl.american.edu/aulr/vol67/iss2/10 RESPONSE SYMPATHY FOR THE DEVIL: GAWKER, THIEL, AND NEWSWORTHINESS AMY GAJDA* At a time when some courts had shifted to protect privacy rights more than press rights, the Gawker website published a grainy and apparently surreptitiously recorded sex tape featuring professional wrestler Hulk Hogan. What the jury that awarded Hulk Hogan more than $140 million in his privacy lawsuit did not know is that Peter Thiel, an individual apparently motivated to bring Gawker down, had helped to bankroll the plaintiff’s case. -
The Weaponized Lawsuit Against the Media: Litigation Funding As a New Threat to Journalism
LLEVI.DOCX (DO NOT DELETE) 2/13/2017 6:40 PM THE WEAPONIZED LAWSUIT AGAINST THE MEDIA: LITIGATION FUNDING AS A NEW THREAT TO JOURNALISM LILI LEVI* This Article identifies a new front in the current war against the media— one in which billionaire private actors clandestinely fund other people’s lawsuits in an attempt to censor press entities. The use of strategic litigation to shutter media outlets constitutes a major threat to the expressive order. And the current climate of press failures, institutional disaggregation, decreasing accountability journalism, and declining public trust—the very vulnerability of the press today—significantly amplifies the chilling impact of strategic third- party funding. It does so whether the strategy is death-by-a-thousand- litigations or titanic, bankruptcy-inducing damage verdicts. Still, contrary to the assertions of both funders and their opponents, finding an appropriate response to these developments is far from easy under current law. It is neither realistic nor constitutionally palatable to prohibit third-party funding in media cases. Such funding can play a valuable role by ensuring that even penurious individuals can vindicate viable claims against media organizations. Yet existing champerty and maintenance jurisprudence cannot adequately address the problem. A richer, more multivalent approach is called for. In that spirit, this Article proposes a realistic four-pronged strategy: (1) judicial discretion to order disclosure of third-party funding in discovery; (2) waiver or reduction of appeal bonds in third-party-funded media cases where such bonds would effectively make verdicts against the media unappealable; (3) development of counter-funding strategies and support of third-party-funding * Professor of Law, University of Miami School of Law. -
Revenge Litigation Funding, and the Fate of the Fourth Estate
University of Miami Law Review Volume 72 Number 1 Article 7 11-16-2017 Eat Your Vitamins and Say Your Prayers: Bollea v. Gawker, Revenge Litigation Funding, and the Fate of the Fourth Estate Nicole K. Chipi Follow this and additional works at: https://repository.law.miami.edu/umlr Part of the Litigation Commons Recommended Citation Nicole K. Chipi, Eat Your Vitamins and Say Your Prayers: Bollea v. Gawker, Revenge Litigation Funding, and the Fate of the Fourth Estate, 72 U. Miami L. Rev. 269 (2017) Available at: https://repository.law.miami.edu/umlr/vol72/iss1/7 This Note is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. NOTES Eat Your Vitamins and Say Your Prayers: Bollea v. Gawker, Revenge Litigation Funding, and the Fate of the Fourth Estate NICOLE K. CHIPI* In August 2016, Gawker.com shut down after 14 years of—more often than not—controversial online publishing. The website was one of several Gawker Media properties crushed under the weight of a $140 million jury verdict awarded to Terry Bollea (better known as former professional wrestler Hulk Hogan), in a lawsuit financed by eccentric Silicon Valley billionaire Peter Thiel. Thiel’s clandes- tine legal campaign was part of a vendetta against Gawker Media, a venture he confirms was singularly focused on bankrupting the company through litigation. -
Intentional Infliction of Emotional Distress & the Hulk Hogan Sex Tape
University of Florida Levin College of Law UF Law Scholarship Repository UF Law Faculty Publications Faculty Scholarship 2017 Intentional Infliction of Emotional Distress & The Hulk Hogan Sex Tape: Examining a Forgotten Cause of Action in Bollea v. Gawker Media, the Gap It Reveals in IIED’s Constitutionalization, and A Path Forward for Revenge Porn Victims Clay Calvert University of Florida Levin College of Law, [email protected] Follow this and additional works at: https://scholarship.law.ufl.edu/facultypub Part of the Communications Law Commons, and the First Amendment Commons Recommended Citation Clay Calvert, Intentional Infliction of Emotional Distress & The Hulk Hogan Sex Tape: Examining a Forgotten Cause of Action in Bollea v. Gawker Media, the Gap It Reveals in IIED’s Constitutionalization, and A Path Forward for Revenge Porn Victims, 51 New Eng. L. Rev. On Remand 1 (2017) This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in UF Law Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. Intentional Infliction of Emotional Distress & The Hulk Hogan Sex Tape: Examining a Forgotten Cause of Action in Bollea v. Gawker Media, the Gap It Reveals in IIED' s Constitutionalization, and A Path Forward for Revenge Porn Victims CLAY CALVERT* ABSTRACT This Article examines Hulk Hogan's successful, yet largely overlooked, cause of action for intentional infliction of emotional distress (IIED) before a Florida jury in 2016 in Bollea v. Gawker Media, LLC. -
Gawker.Com Dies Next Week, Killed by an Unhappy Subject 18 August 2016, by Tali Arbel
Gawker.com dies next week, killed by an unhappy subject 18 August 2016, by Tali Arbel former pro wrestler Hulk Hogan. Gawker had published a video of Hogan having sex with a friend's wife. A Florida court awarded Hogan, whose lawsuit was secretly backed by an aggrieved Silicon Valley billionaire, $140 million in damages. Gawker Media went into bankruptcy protection after the verdict, and a judge has to approve the sale at a hearing Thursday. "The real shame is that Gawker gave Hogan a sledgehammer with which (to) pulverize it in state court," New York University journalism professor Adam Penenberg tweeted . "If you want to ascribe In this Friday, March 18, 2016, file photo, Gawker blame, blame Denton." founder Nick Denton walks out of the courthouse in St. Petersburg, Fla. Gawker.com is going to shut down as Other Gawker Media blogs may live on. The its parent company is sold to Univision, a reporter for the company currently publishes seven sites in addition 14-year-old site said Thursday, Aug. 18, 2016. A Gawker to Gawker.com, including the feminist-focused report said that Denton told staffers that Gawker.com Jezebel, the tech site Gizmodo and the sports site was ending on Thursday afternoon. (Eve Edelheit/The Deadspin. Univision wants those properties to help Tampa Bay Times via AP, File) build a more youthful audience than that commanded by broadcast TV. Gawker.com, the brash New York website that But Gawker's real enemy, it turns out, wasn't broke new ground with its gossipy, no-holds-barred Hogan so much as Peter Thiel, a PayPal founder coverage of media, culture and politics, is shutting and early investor in Facebook who a Gawker site down after 14 years, brought low by an unhappy, had outed as gay in 2007. -
Gawker, Buzzfeed, and Journalism: Case Studies in Boundaries, News Aggregation, and Journalistic Authority
Gawker, BuzzFeed, and Journalism: Case Studies in Boundaries, News Aggregation, and Journalistic Authority A THESIS SUBMITTED TO THE FACULTY OF THE UNIVERSITY OF MINNESOTA BY Konstantin Valerievich Toropin IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS Advised by Seth C. Lewis May 2016 © Toropin, Konstantin Valerievich 2016 Acknowledgements This work is the result of the contributions and efforts of many individuals beyond myself. My advisor, Dr. Seth Lewis, deserves more credit than this section can convey. His tireless patience and wise guidance have resulted in a far more polished and focused work of scholarship than would have been possible without him. His constant challenges to define, articulate, and better engage with the concepts I employ in this paper have not only enriched this research, but have been invaluable to me as a scholar. (I’m sorry about all the dashes and commas.) It is also important to acknowledge the huge role that the work of scholars that came before me played in this research as well. It is upon their very broad shoulders that this work rests. Names like Matt Carlson and Mark Coddington feature frequently in this paper and, while it is unlikely that they know of me or my research, their work been crucial in shaping how I have viewed and interpreted the events this thesis analyzes. I would also be remiss if I didn’t thank my wonderful partner throughout this whole adventure—Emily Hanson. Her encouragement and advice has not only kept me sane but the great charity she has paid in me in proof reading draft after draft is nothing short of heroic. -
The Gossip Industry
Copyright by Anne Helen Petersen 2011 The Dissertation Committee for Anne Helen Petersen Certifies that this is the approved version of the following dissertation: THE GOSSIP INDUSTRY: PRODUCING AND DISTRIBUTING STAR IMAGES, CELEBRITY GOSSIP, AND ENTERTAINMENT NEWS 1910 - 2010 Committee: Janet Staiger, Supervisor Thomas Schatz Michael Kackman Susan McLeland Mary Desjardins THE GOSSIP INDUSTRY: PRODUCING AND DISTRIBUTING STAR IMAGES, CELEBRITY GOSSIP, AND ENTERTAINMENT NEWS 1910 - 2010 by ANNE HELEN PETERSEN, B.A.; M.A. Dissertation Presented to the Faculty of the Graduate School of The University of Texas at Austin in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy The University of Texas at Austin May 2011 Dedication For my mother, who has always modeled intelligence with verve. Acknowledgements I would not be the scholar I am today without the tremendous and ongoing support of a number of professors, all of whom have modeled the type of mentorship, scholarship, and dedication to the field that I try to emulate. From my first semester as an undergrad to my final semester as a Ph.D. student, Janet Staiger, Thomas Schatz, and Michael Kackman at the University of Texas, Michael Aronson at the University of Oregon, and Robert Sickels at Whitman College have served as models, mentors, colleagues, and friends. The dissertation-writing process was an arduous one made enjoyable by the efficiency and editorial guidance of Janet Staiger and the keen eyes of my committee members. I am particularly grateful to Susan McLeland and Mary Desjardins for their close readings and insight on early versions of various chapters. -
Gawker Is for Sale and Its Articles Could Be Deleted - WSJ
10/2/2017 Gawker Is for Sale and Its Articles Could Be Deleted - WSJ This copy is for your personal, non-commercial use only. To order presentation-ready copies for distribution to your colleagues, clients or customers visit http://www.djreprints.com. https://www.wsj.com/articles/gawker-is-for-sale-and-its-articles-could-be-deleted-1506956259 BANKRUPTCY | EXCLUSIVES , MEDIA ENTERTAINMENT , NORTHEAST US , TOP NEWS TOP NEWS GAWKEr IS For SALE AND ITS ARTICLES COULD BE DELETED A planned sale of Gawker and the continued specter of litigation make the website’s articles vulnerable to deletion Nick Denton, founder of Gawker, talks with his legal team before Hulk Hogan testifies in court, in St Petersburg, Fla., on March 8, 2016. PHOTO: POOL/REUTERS By Jonathan Randles Updated Oct. 2, 2017 11:00 a.m. ET Articles on Gawker.com, an expansive collection of news stories, essays and celebrity gossip, are at risk of being deleted. Gawker is being shopped more than a year after losing a legal fight brought by retired professional wrestler Hulk Hogan that forced the site into bankruptcy. A new owner will be able to remove old articles from the website, presenting individuals an opening to have unwanted articles about themselves or others taken down. The potential sale READ MORE creates a situation Gawker Media Advisers to Put Flagship Website Up for Sale (July 25) where financial Gawker Media Settles With Hulk Hogan in Privacy Suit (Nov. 2, 2016) considerations and Gawker.com Will Shut Down as Univision Acquires Rest of Company (Aug. 18, 2016) the specter of new Univision Wins Bankruptcy Auction for Gawker Media for $135 Million (Aug. -
Signature Redacted Ide'artment of Comparative Media Studies May 17,2016
Everything is Awful: Snark as Ritualized Social Practice in Online Discourse by George Tsiveriotis B.S. Symbolic Systems Stanford University, 2013 Submitted to the Program in Comparative Media Studies/Writing In Partial Fulfillment of the Requirements for the Degree of Master of Science in Comparative Media Studies at the Massachusetts Institute of Technology May2017 fjrne- 2017 George Tsiveriotis. All rights reserved. The author hereby grants to MIT permission to reproduce and to distribute publicly paper and electronic copies of this thesis document in whole or in part in any medium now known or hereafter created. Signature of Author: Signature redacted IDe'artment of Comparative Media Studies May 17,2016 Certified by:_Signature redacted Heather Hendershot Professor & Director of Graduate Studies, Comparative Media Studies 11 . q IThesis Supervisor Accepted by:_____Signature redacted ________ Heather Hendershot Professor & Director of Graduate Studies, Comparative Media Studies MAINRAE LIBRARIES 2 Everything is Awful: Snark as Ritualized Social Practice in Online Discourse by George Tsiveriotis Submitted to the Program in Comparative Media Studies/Writing On May 17, 2017 in Partial Fulfillment of the Requirements for the Degree of Master of Science in Comparative Media Studies Abstract This thesis explores a mode of collective meaning making at the intersection of humor, insult, and jest that increasingly occupies social media conversations, online comment sections, and Internet writing far and wide: for lack of a better word, snark. Though akin to the similarly maligned practices of irony and sarcasm, snark is more unwieldy and less refined. To accuse others of snark is to question their intentions, their sincerity, even the validity of their claims.