According to Hogan, his "best friend" Clem consented him (Hogan) to sleep with his (Clem) ex-wife. This started when Clem's marriage collapsed. Hogan, supported by Heater's testimony, claimed that he was unaware of the existence of the hidden camera allegedly installed by Clem.
Hogan filed the lawsuit against Gawker, a New York Media Company, accusing them of invasion of privacy. However, a trial in a federal court sided with Gawker, justifying that Gawker is protected by the First Ammendment to the United States Constitution.
The Ammendment prohibits the creation of a law "abridging the freedom of speech" and "infringing on the freedom of the press." Nick Denton, founder of Gawker, told The Associated Press that the fight for the right to publish the video was an important battle for his news organization and the First Ammendment. The Associated Press further reported that Denton is firm in his stand on Gawker's right to publish the said piece because Hogan talked in detail about his sex life even before the release of the sex tape.
The sex tape was posted by former Gawker editor AJ Daulerio. Gawker's legal counsel, Michael Berry, defends that the publication of such material was operating in the public interest.
On the other side, Hulk Hogan's lawyer says that the publication of the video made his client "naked and exposed," as written by The Guardian. Hogan's Lawyer argued that the site posted the video seeking for profit.
Hogan pointed out in a testimony that whatever he shows and brags to the public as "Hulk Hogan" is just an act. The Huffingtonpost reported that, Hogan or Bollea was trying to separate his public face from his private life. He sought to argue and convince the jury that he still has the rights to privacy as a private civilian and that his "act" as Hulk Hogan is not to be made basis for the invasion of his privacy.
According to Hogan, he was completely humiliated. He further added that his world was turned upside-down after the release of the tape.
Even after the loss in the federal court, the former WWE star brings the wrestle to a local court in Florida where the jury is selected from individuals in St. Petersburg, Hogan's Hometown.
