I got up late like I did on Tuesday, so I haven’t seen any of the trial yet myself, but thankfully, other people have. Let’s get the morning recaps started.
First off, the trial comes back on at 1:30pm Eastern time. Here’s the stream for when it does…
Now, from the morning’s festivities…
And we're back in court for day four of #hulkvsgawk. We'll start w/ cross-examination of Hogan's expert witness, journalism prof Mike Foley
— Tom Kludt (@TomKludt) March 10, 2016
Gawker attorney asking Foley that he has not worked as a reporter for 43 years? That's correct. 'You left the newsroom in 1992?' Yes.
— Jennifer Titus (@jenntitus10) March 10, 2016
Do you agree that Gawker had a right to write about the sex tape?
Foley: A right?
Yes sir
Foley: Sure#hulkvsgawk— Anna Phillips (@annamphillips) March 10, 2016
"When you were last in the newsroom there was no Facebook? There was no YouTube, right? There was no Twitter, right?" #hulkvsgawk
— Tom Kludt (@TomKludt) March 10, 2016
"To be a journalist in our country you do not have to be a member of [SPJ]? "No."#hulkvsgawk
— Tom Kludt (@TomKludt) March 10, 2016
This jury is getting a really bleak view of job security in media #hulkvsgawk
— Kara Smoke (@kbsmoke) March 10, 2016
Day 4 of the Hulk Hogan Summit on the Future of Journalism #hulkvsgawk
— Kara Smoke (@kbsmoke) March 10, 2016
"You understand that the First Amendment trumps the SPJ Code of Ethics"
"I'm not sure 'trumps' is the right word"#hulkvsgawk— Kara Smoke (@kbsmoke) March 10, 2016
Foley admits he hadn't read the Gawker article or watched the video excerpts before he agreed to serve as Hogan's expert witness #hulkvsgawk
— Tom Kludt (@TomKludt) March 10, 2016
Gawker attorney compares Daulerio's commentary to a movie or food critic's review.
Foley: they still must base opinions on fact. #hulkvsgawk— Anna Phillips (@annamphillips) March 10, 2016
Gawker: Do you agree tastes have changed re profanity, violence?
Foley: I don't think things have changed that much #hulkvsgawk— Anna Phillips (@annamphillips) March 10, 2016
Hogan's expert witness Foley says he's not totally familiar with trigger warnings. #hulkvsgawk
— Tom Kludt (@TomKludt) March 10, 2016
Gawker lawyer is now defining trigger warnings #hulkvsgawk
— Kara Smoke (@kbsmoke) March 10, 2016
This cross examination is getting so uncomfortable it should get it's own trigger warning #hulkvsgawk
— Kara Smoke (@kbsmoke) March 10, 2016
Now we're talking about this #hulkvsgawk pic.twitter.com/9CLIQHpshT
— Tom Kludt (@TomKludt) March 10, 2016
Surprising no one, Foley says he is not terribly familiar with Madonna's coffee table book of erotic photographs. #hulkvsgawk
— Anna Phillips (@annamphillips) March 10, 2016
So far Gawker Attorney has spoken to Foley about Hugh Hefner and what he published, and Madonna and Britney Spears kiss.
— Jennifer Titus (@jenntitus10) March 10, 2016
Caitlyn Jenner's public persona is being raised as an example. Both attorney & Foley stumbling on gender pronouns. #hulkvsgawk
— Anna Phillips (@annamphillips) March 10, 2016
Now talking about an old column Foley wrote defending decision to publish a nude photo of Demi Moore in the paper #hulkvsgawk
— Anna Phillips (@annamphillips) March 10, 2016
Some readers were upset. 'There was an outcry.'
— Jennifer Titus (@jenntitus10) March 10, 2016
When talking about local news station running excerpts of sex tape, did they go over the line? "Yes."
— Jennifer Titus (@jenntitus10) March 10, 2016
Gawker attorney plays '12 package from ABC affiliate showing excerpts from Hogan tape. Foley had called that outlet reputable #hulkvsgawk
— Tom Kludt (@TomKludt) March 10, 2016
Gawker ask Foley if he enjoys reading about celebs, entertainment. They are definitely trying to paint a picture that Foley is old school.
— Jennifer Titus (@jenntitus10) March 10, 2016
Foley agrees all publications are protected by 1st Amend unless they break law, eg. publish child porn #hulkvsgawk
— Anna Phillips (@annamphillips) March 10, 2016
Cross examination now done for Foley. Will have redirect after lunch at 1:30.
— Jennifer Titus (@jenntitus10) March 10, 2016
Depositions this afternoon from former Gawker COO Scott Kidder and former Gawker president of advertising Andrew Gorenstein #hulkvsgawk
— Tom Kludt (@TomKludt) March 10, 2016
Did Gawker posting sex tape video violate SPJ code of Ethics? 'I believe so'
— Jennifer Titus (@jenntitus10) March 10, 2016
The existence of the video was news, Foley says. But posting the video was "not news. Not journalism” #hulkvsgawk
— Anna Phillips (@annamphillips) March 10, 2016
Attorney: Is it as wrong today to post pornography as it was in 1992?
Foley: I don’t think things have changed that much #hulkvsgawk— Anna Phillips (@annamphillips) March 10, 2016
Mr. Daulerio said if a child is >4yo, it’s newsworthy to publish a sex tape of them. Agree?
Foley: no
No further questions #hulkvsgawk— Anna Phillips (@annamphillips) March 10, 2016
Hogan team now showing Scott Kidder's video deposition #hulkvsgawk
— Kara Smoke (@kbsmoke) March 10, 2016
Scott Kidder just explained ad revenue and is now explaining Gawker's bonus structure #hulkvsgawk
— Kara Smoke (@kbsmoke) March 10, 2016
In 2012, the Hogan sex tape post was the second most viewed story on https://t.co/hKUpN27xru using page views #hulkvsgawk
— Anna Phillips (@annamphillips) March 10, 2016
That response from Kidder elicits a grin from Denton in the courtroom #hulkvsgawk
— Tom Kludt (@TomKludt) March 10, 2016
Mike Foley, a University of Florida journalism professor and St. Petersburg Times newsroom veteran, took the stand for the second day in the Hulk Hogan lawsuit. Mr. Foley is a witness for Mr. Hogan, who is suing the New York-based website Gawker for $100 million over a 2012 post that showed an edited video of the wrestler having sex with the wife of his former best friend, the local radio shock jock who legally changed his name to Bubba the Love Sponge Clem…
During tense cross examination, Michael J. Sullivan, a lawyer for Gawker, mentioned several celebrity sex scandals or examples of celebrities who have posed naked or had seemingly intimate details of their lives made public in an effort to establish a precedence for posting photos and videos of public figures. The seemingly mild-mannered Mr. Sullivan brought out the big guns as he sought to depict Mr. Foley as an out-of-touch former print reporter and editor.
Gawker’s defense centers around free speech. Attorneys for the company say that its publication of the video and the written commentary that accompanied the clip are protected by the First Amendment, given how much Hogan has publicly discussed his sex life and the amount of news coverage that had been devoted to the tape.
Foley said that Gawker had a “right” to run its written commentary on the sex tape, though he said he wouldn’t have published such a story during his days as a newsman.
In an email to CNNMoney, SPJ ethics committee chairman Andrew Seaman challenged the plaintiff’s use of the ethics code in the trial.
“The SPJ Code of Ethics is not relevant to whether an act is or is not legal. The words ‘ethical’ and ‘legal’ are not synonyms,” Seaman said.