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  2. In reply to

    But you owe Gawker fifteen minutes of video. The First Amendment says so.

  3. ...using the film. Gawker could have described its content and made every salient point. Instead, revenge porn...

  4. In reply to

    The fight is going to happen anyway. But bad cases can make for worse precedent. Gawker saddled press with a shitbag.

  5. That said, the hair piece, for lack of a better term, was kickass.

  6. cite one case precedent, let's go just a little deeper about what courts have said because much precedent does not help Gawker:

  7. ...repeatedly, but if Gawker is going to venture so far beyond the established boundaries of privacy law, then Gawker damn sure..

  8. ...in any way diminishes the issues of law to which Gawker's remarkable filmic journey into a private bedroom are liable.

  9. ...I've ever seen by a news organization. This affront was one that left Gawker vulnerable to definitions of privacy that...

  10. What Gawker did was one of the most flagrant, extraordinary affronts to an individual's reasonable expectation of privacy that...

  11. In reply to

    It has. Or is hasn't. That seems to be what the Gawker case is about. As an ex-reporter, I am fascinated.

  12. If Sullivan-like standard was applied here, to privacy affronts, Gawker's behavior would be found problematic nonetheless.

  13. As with mistaken reportage resulting in libel, is Gawker able to say we didn't know tape private? We thought we had consent?

  14. ...actually apply to privacy law, but let's say it did -- is Gawker able to claim an absence of malice for the privacy affront?

  15. In reply to

    But you just cited a ruling that is about Gawker's right to publish free of injunction. Zero to do with issues of liability....

  16. ...which Gawker argument s about newsworthiness have thus far fallen short. To be clear, I agree with the appeals court that...

  17. In reply to

    Awful analogy. Gawker can make no such compelling claim of public's need to know. & Individual expectations of privacy and gov't..

  18. ...damn sure better come into court with a compelling argument for the affront. Gawker. Did. Not. They lost.

  19. So don't be bringing Trump hypotheticals and claiming a universal law was invoked when it wasn't. If Gawker...

  20. decidedly still in play as good media lawyers will still good editors, and where, at Gawker, neither species...

  21. In reply to

    Gawker argued public interest in ex-wrestler fucking in private. Didn't play there. Doesn't play with me.

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