Call For Free Initial Consultation
(615) 259-2660
TwitterFacebookRss FeedLinkedIn

Home » Criminal Law » Hulk Hogan’s Sex Tape Lawsuit Just Got Real… BROTHER.

Hulk Hogan’s Sex Tape Lawsuit Just Got Real… BROTHER.

Hulk Hogan goes to court over sex tape lawsuitDoes anybody remember that Hulk Hogan sex tape that leaked in 2012? Me neither. But leak it did — and apparently against the wishes of Hulk himself, who claims that he didn’t consent to being filmed while he made love to his best friend’s wife.

Oh, did I forget to mention that part? Yeah. The sex tape, published on a website called Gawker, showed Hulk Hogan making sweet, sweet love to his “best friend” Bubba’s wife. I put “best friend” in quotations for reasons that should be obvious. Of course, if Hulk wins this case, it won’t be Bubba forking over $100 million. It’ll be Gawker.

Also… did anyone know that Hulk Hogan’s real name is Terry? Me neither.

The Ballad of Hulk and Bubba

It’s really a damn shame that this friendship has apparently failed. As a duo, their names are devastatingly marketable.

Sadly, the chances of “Hulk and Bubba” becoming a Saturday morning cartoon are slim — but perhaps not for the reasons you think.

Usually, when we hear about adultery, particularly adultery involving the cuckold spouse’s best friend, it’s not hard to figure out who’s at fault: the home-wrecker and the cheater. At first glance, it seems like Hulk is just paying the price for having sex with his best friend’s wife. And this is a reasonable interpretation when considering, shall we say, a “traditional” marriage.

But let’s be honest. Marriage is defined very, very differently depending on who is defining it. Open relationships are increasingly popular in the mainstream, and by this I mean non-monogamous relationships. Some people get married and are totally cool with their spouses doing sexy stuff with other people. Which is terrific for them.

According to Hulk Hogan, his BFF Bubba had such a relationship with his wife, Heather Clem.

Here’s how Hulk remembers the situation:

In 2012, Bubba called Hulk on the phone and informed him that his wife wanted to have sex with him. Hulk thought Bubba was joking… at first. But the man was relentless. Bubba brought up sex-with-his-wife over and over, until Hulk finally caved.

Flash-forward to the night of the sex. Bubba handed Hulk a condom, and the wrestling icon remembers starting to feel pretty weird about the whole thing at this point. He asked Bubba if he was being filmed, to which Bubba said no.

And that’s how, according to Hulk “Terry” Hogan, a sex tape wound up in the public domain.

Hulkamania Goes to Court!

Again, the trial that started this week is between Hulk Hogan and Gawker — not Hulk and Bubba. Bubba already forked over $5,000 for filming the tape in the first place. He’ll be in the courtroom to testify, of course, but he’ll reportedly be pleading the 5th.

Hulk felt like his privacy was violated when the video of him having sex with his best friend’s wife surfaced in the chaotic waters of the internet. It is an understandable reaction to these circumstances.

Gawker has responded by invoking the First Amendment: freedom of speech. They claim that no law was broken when they posted the sex tape in an article, or rather, that the Constitution protects them in this situation.

Seems strange right? Freedom of speech does not mean freedom to invade someone’s privacy. But Gawker is arguing that Hulk Hogan’s privacy wasn’t invaded — that his right to privacy has been forfeited due to years of openness regarding personal matters. In their own words:

“Hulk Hogan was more than willing to talk about his sex life — including in two autobiographies, a reality TV series, and Howard Stern’s radio show — until he didn’t like what Gawker had to say. Now he wants $100 million as compensation.”

This defense is, admittedly, pretty weak. Hogan’s lawyer highlighted the holes in Gawker’s position when he responded to their statement:

“[The First Amendment defense] is a pathetic hail Mary. No jury would be so naive as to believe that type of claim, especially in light of the fact that Gawker knew Terry did not know that this video was recorded. He did not authorize the dissemination of the video. It was disseminated without his consent.”

(Reminder: “Terry” is Hulk Hogan’s real name. I keep forgetting, too.)

Privacy vs. Free Speech

In the end, it seems like Hulk Hogan is within his rights to pursue damages… assuming his story holds water. Bubba definitely invaded his privacy when he filmed him having sex without his consent. Gawker invaded his privacy when they took that non-consensual video and showed it to literally anybody with internet access. Considering how famous Hulk Hogan is, it’s not unreasonable to assume that the post got a few hits. That’s enough for me to side with Hulk on this one… BROTHER.

Free speech doesn’t really apply to nefarious attempts at fucking up a celebrity’s reputation. If Gawker had inquired as to the legality of publishing the sex tape before publishing it, there’s pretty much no question that they would’ve received a fat “NO.” Here’s how I imagine that conversation going:

GAWKER: We have a video of Hulk Hogan having sex with his best friend’s wife. Is it legal to publish that in an article and call it “news?”

LAWYER: Did he consent to be filmed?

GAWKER: Probably not. He said he didn’t.

LAWYER: Did you ask him if you could post it?

GAWKER: No, because then he’d say not to do it.

LAWYER: So you want to defame a celebrity by posting a sex-tape in which he expressly didn’t consent to be filmed, just to get hits on your website?

GAWKER: I mean. No?

You can finish the exchange yourself if you’d like. It doesn’t take much imagination to see where this hypothetical conversation is going.

Regardless of if’s and but’s, the fact remains: Hulk Hogan still has to deal with the fact that a sex tape he didn’t consent to has circulated the internet against his wishes. If he wants anything to be done about it, he’s got to do what he’s doing now: go to trial.

That’s why legal representation is so critical — even Hulk Hogan is screwed in the courtroom if he doesn’t have a lawyer capable of going head-to-head with the doubtlessly elite legal team for a news outlet. Even obviously guilty people get off the hook sometimes with a clever lawyer.

At Turner Law Offices, P.C., our team of attorneys has years of experience working with clients across a wide ranges of circumstances related to both privacy and freedom of speech. Whether you’re in a “Hulk Hogan” situation or taking a stand to defend your constitutional right to free speech, we know the most efficient means of pursuing a satisfactory resolution. Call today, or go online to set up your free initial consultation. A skilled nashville lawyer is ready and waiting to guide you toward the justice you deserve.

(615) 259-2660

You must be logged in to post a comment.