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Gawker Media LLC V Bollea 2D Page 1 129 So.3d 1196, 39 Fla. L. Weekly D174 (Cite as: 129 So.3d 1196) 212 Injunction District Court of Appeal of Florida, 212VI Bonds and Other Security Second District. 212VI(A) Requirement in General GAWKER MEDIA, LLC a/k/a Gawker Media, 212k1654 k. Discretion of court. Most Cited Appellant, Cases v. Terry Gene BOLLEA, professionally known as Hulk Injunction 212 1658 Hogan; Heather Clem; Gawker Media Group, Inc. a/k/a Gawker Media; Gawker Entertainment, LLC; 212 Injunction Gawker Technology, LLC; Gawker Sales, LLC; 212VI Bonds and Other Security Nick Denton; A.J. Daulerio; Kate Bennert; and 212VI(A) Requirement in General Blogwire Hungary Szellemi Alkotast Hasznosito KFT 212k1658 k. Amount. Most Cited Cases a/k/a Gawker Media, Appellees. Though the circuit court can determine the ap- No. 2D13–1951. propriate amount of the bond after hearing evidence Jan. 17, 2014. from both parties in a preliminary injunction action, the circuit court is without discretion to determine Background: Well-known professional wrestler whether to set bond in the first place. West's F.S.A. sought temporary injunction against media distributor RCP Rule 1.610(b). to prohibit it from publishing and otherwise distrib- uting report of his extra-marital affair that included [2] Injunction 212 1074 video excerpts of a sexual encounter allegedly taped without his consent. The Circuit Court, Pinellas 212 Injunction County, 2013 WL 2474359,Pamela A. M. Campbell, 212II Preliminary, Temporary, and Interlocutory J., granted the injunction. Media distributor appealed. Injunctions in General 212II(A) Nature, Form, and Scope of Remedy Holdings: The District Court of Appeal, Second Dis- 212k1074 k. Preservation of status quo. trict, Black, J., held that: Most Cited Cases (1) temporary injunction was an impermissible prior restraint on speech, and The primary purpose of a temporary injunction is (2) federal court judgment did not have preclusive to preserve the status quo while the merits of the un- effect on state court. derlying dispute are litigated. Reversed. [3] Injunction 212 1380 West Headnotes 212 Injunction 212IV Particular Subjects of Relief [1] Injunction 212 1654 © 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Page 2 129 So.3d 1196, 39 Fla. L. Weekly D174 (Cite as: 129 So.3d 1196) 212IV(L) Trade or Business Most Cited Cases 212k1380 k. Publishing, journalism, and bookselling. Most Cited Cases A temporary injunction aimed at speech is a classic example of prior restraint on speech triggering In the context of the media, the status quo is to First Amendment concerns, and as such, it is prohib- publish news promptly that editors decide to publish; a ited in all but the most exceptional cases. U.S.C.A restraining order disturbs the status quo and impinges Const.Amend. 1. on the exercise of editorial discretion. [6] Constitutional Law 92 1526 [4] Injunction 212 1075 92 Constitutional Law 212 Injunction 92XVIII Freedom of Speech, Expression, and 212II Preliminary, Temporary, and Interlocutory Press Injunctions in General 92XVIII(A) In General 212II(A) Nature, Form, and Scope of Remedy 92XVIII(A)1 In General 212k1075 k. Extraordinary or unusual na- 92k1525 Prior Restraints ture of remedy. Most Cited Cases 92k1526 k. In general. Most Cited Cases A temporary injunction is an extraordinary rem- edy that should be granted sparingly and only after the Injunction 212 1380 moving party has alleged and proved facts entitling him to relief. 212 Injunction 212IV Particular Subjects of Relief [5] Constitutional Law 92 1554 212IV(L) Trade or Business 212k1380 k. Publishing, journalism, and 92 Constitutional Law bookselling. Most Cited Cases 92XVIII Freedom of Speech, Expression, and Press Since prior restraints on speech and publication 92XVIII(A) In General are the most serious and least tolerable infringement 92XVIII(A)3 Particular Issues and Appli- on First Amendment rights, the moving party bears the cations in General heavy burden of establishing that there are no less 92k1554 k. Injunctions and restraining extreme measures available to mitigate the effects of orders. Most Cited Cases the unrestrained publication and that the restraint will indeed effectively accomplish its purpose. U.S.C.A Injunction 212 1100 Const.Amend. 1. 212 Injunction [7] Constitutional Law 92 2070 212II Preliminary, Temporary, and Interlocutory Injunctions in General 92 Constitutional Law 212II(B) Factors Considered in General 92XVIII Freedom of Speech, Expression, and 212k1100 k. Public interest considerations. Press © 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Page 3 129 So.3d 1196, 39 Fla. L. Weekly D174 (Cite as: 129 So.3d 1196) 92XVIII(U) Press in General cations in General 92k2070 k. In general. Most Cited Cases 92k1555 k. Matters of public concern. Most Cited Cases Where a direct prior restraint is imposed upon the reporting of news by the media, each passing day may Constitutional Law 92 1556 constitute a separate and cognizable infringement of the First Amendment. U.S.C.A Const.Amend. 1. 92 Constitutional Law 92XVIII Freedom of Speech, Expression, and [8] Injunction 212 1016 Press 92XVIII(A) In General 212 Injunction 92XVIII(A)3 Particular Issues and Appli- 212I Injunctions in General; Permanent Injunc- cations in General tions in General 92k1556 k. Matters of private concern. 212I(A) Nature, Form, and Scope of Remedy Most Cited Cases 212k1013 Scope of Relief in General 212k1016 k. Specificity, vagueness, Where matters of purely private significance are overbreadth, and narrowly-tailored relief. Most Cited at issue, First Amendment protections are often less Cases rigorous; on the other hand, speech on matters of public concern is at the heart of the First Amendment's Injunction 212 1563 protection. U.S.C.A Const.Amend. 1. 212 Injunction [10] Constitutional Law 92 2225 212V Actions and Proceedings 212V(E) Evidence 92 Constitutional Law 212k1563 k. Presumptions and burden of 92XVIII Freedom of Speech, Expression, and proof. Most Cited Cases Press 92XVIII(Y) Sexual Expression Though an injunction order generally comes to 92k2224 Motion Pictures and Videos the court clothed with a presumption of correctness, 92k2225 k. In general. Most Cited Cases orders restraining speech protected under the First Amendment must be considered presumptively inva- Injunction 212 1380 lid and will only be permitted if there are no less re- strictive means available. U.S.C.A Const.Amend. 1. 212 Injunction 212IV Particular Subjects of Relief [9] Constitutional Law 92 1555 212IV(L) Trade or Business 212k1380 k. Publishing, journalism, and 92 Constitutional Law bookselling. Most Cited Cases 92XVIII Freedom of Speech, Expression, and Press Temporary injunction against media distributor 92XVIII(A) In General prohibiting it from publishing or otherwise distrib- 92XVIII(A)3 Particular Issues and Appli- uting a video of a well-known professional wrestler's © 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Page 4 129 So.3d 1196, 39 Fla. L. Weekly D174 (Cite as: 129 So.3d 1196) extra-marital sexual encounter was a prior restraint on protected speech that violated the First Amendment; 92 Constitutional Law the video and reports of the affair were a matter of 92XVIII Freedom of Speech, Expression, and public, rather than private, concern, since other media Press distributors had already written about the affair and 92XVIII(A) In General included still shots from the tape in their reports, dis- 92XVIII(A)3 Particular Issues and Appli- tributor did not attempt to sell the tape, wrestler had cations in General discussed the affair with other media outlets, and had 92k1556 k. Matters of private concern. written about another affair in an autobiography. Most Cited Cases U.S.C.A Const.Amend. 1. If a publisher lawfully obtains the information in [11] Constitutional Law 92 2225 question, the speech is protected by the First Amendment provided it is a matter of public concern, 92 Constitutional Law even if the source recorded it unlawfully. U.S.C.A 92XVIII Freedom of Speech, Expression, and Const.Amend. 1. Press 92XVIII(Y) Sexual Expression [13] Judgment 228 829(3) 92k2224 Motion Pictures and Videos 92k2225 k. In general. Most Cited Cases 228 Judgment 228XVII Foreign Judgments Telecommunications 372 1440 228k829 Effect of Judgments of United States Courts in State Courts 372 Telecommunications 228k829(3) k. Operation and effect. Most 372X Interception or Disclosure of Electronic Cited Cases Communications; Electronic Surveillance 372X(A) In General Federal court judgment denying professional 372k1435 Acts Constituting Interception or wrestler's motion for a temporary injunction prohib- Disclosure iting a media distributor from disseminating a video of 372k1440 k. Persons concerned; con- his extra-marital sexual encounter was not a final sent. Most Cited Cases judgment on the merits, and thus did not have preclu- sive effect on wrestler's seeking injunction in state It was irrelevant whether video tape of court. well-known professional wrestler's extra-marital sexual encounter was videotaped without his consent [14] Judgment 228 713(1) for purposes of determining whether a media distrib- utor's use of the video was protected under the First 228 Judgment Amendment, where wrestler's affair was a matter of 228XIV Conclusiveness of Adjudication public concern, and there was no indication that the 228XIV(C) Matters Concluded media distributor obtained or disseminated the video 228k713 Scope and Extent of Estoppel in in an unlawful manner. U.S.C.A Const.Amend. 1. General 228k713(1) k. In general. Most Cited [12] Constitutional Law 92 1556 Cases © 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Page 5 129 So.3d 1196, 39 Fla. L. Weekly D174 (Cite as: 129 So.3d 1196) 228k650 k. Finality of determination. Most Collateral estoppel, referred to as issue preclusion Cited Cases in the federal courts, is a judicial doctrine that prevents relitigation of an issue that has been previously adju- The “insuperable obstacle” to the plaintiff's suc- dicated.
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