I watched a little bit of Nick Denton’s (Gawker Media’s publisher and majority shareholder) testimony this morning, which has been a bit rougher than yesterday’s. I suppose that’s because Hulk Hogan’s attorneys have been going at him instead of the Gawker team. Follow along for a recap of today’s events after the stream link.
“With the benefit of hindsight, I believe [the Hogan post] stands the test of time,” said Denton. “Judging it as a reader and as a former working journalist, [editor and writer A.J. Daulerio] clarified the situation and added new information about the participants of that evening. He made a contrast between an American icon and the man behind the icon. And he made a self-critical point about the public’s obsession with celebrity sex tapes and his own interest.”
Denton added he was comfortable with publishing a video excerpt. “There were passages that made me uncomfortable,” he said. “But as a whole, it was newsworthy, interesting and advanced our understanding.”…
Hogan attorney Ken Turkel brought an angry cross-examination that focused on Denton’s standard for news (if it’s true and interesting, it runs). At times, Turkel attempted to ridicule Denton. For example, concerning the Gizmodo iPhone story, Turkel pointed out that Denton had paid $5,000 for a prototype that had gone missing from Apple.
“At the end of the day, what you call a scoop was a story about stolen property, right?” Turkel asked.
“You can see it that way if you want,” Denton responded.
“Let’s talk for a lack of a better word, your philosophy on privacy,” said Turkel, bringing up a 2013 interview published here (“Gawker’s Nick Denton Explains Why Invasion of Privacy Is Positive for Society“) as well as another interview with Playboy where Denton addressed privacy by stating, “I don’t think people give a fuck, actually” and “Every infringement of privacy is sort of liberating.”
Denton told the jury that he was embarrassed he had used the F-word, but hardly backed down from his perspective. “I think being our true selves, being open to our colleagues and friends and family, my personal view is that we are happier as a result,” he said. “I appreciate that not everyone shares my view.”
The gap between a person’s public persona and his or her private behavior is indeed interesting, added Denton, which caused Turkel to seize on this as an attempted justification of the Hogan sex tape post. Denton parried the aggressive questioning. “It was our way to show a highly unusual encounter,” he said.
Turkel asked Denton whether he would be embarrassed if his sex life became fodder for a news story, and the Gawker publisher admitted yes but was hardly giving an inch. Denton said his own sex life would probably be relevant given the stories that had run on his own news site.
In the most awkward part of testimony, Denton was asked to read salacious passages from Gawker’s Hogan story in the “most humanizing way possible.” And so, with a British accent, as gently as Denton could muster, the jury heard a play-by-play of Hogan having sex, lines like: “Then we watch Hulk stand up and clumsily attempt to roll a condom on to his erect penis which, even if it has been ravaged by steroids and middle-age, still appears to be the size of a thermos you’d find in a child’s lunchbox.”
Turkel wanted to entrap Denton by getting him to express some remorse, but Denton resisted the invitation to show any fallibility in publishing the sex tape.
“I think that a job as a journalist would be unbearable if one were to put on the shoes of the subject,” said Denton.
“Had you known that [Hogan] would have endured tremendous emotional distress as a result of posting the sex tape, you still would have published it, right? Turkel asked.
Denton answered, “Yes, probably.”
TWEET PARADE:
Denton asked why Gawker runs stories with no monetary benefit: “Our editorial and business operations are run independently.." #hulkvsgawk
— Tom Kludt (@TomKludt) March 15, 2016
Hogan sex tape was newsworthy, Denton says. "It was of interest to our readership. It advanced their understanding.” #hulkvsgawk
— Anna Phillips (@annamphillips) March 15, 2016
Nick Denton: “I think it’s a balance, but ultimately I think the public's right to know usually trumps a celebrity’s privacy.” #hulkvsgawk
— Tom Kludt (@TomKludt) March 15, 2016
Turkel coming off as very aggressive. Practically yelling at Denton and we're not even 5 min in. #hulkvsgawk
— Anna Phillips (@annamphillips) March 15, 2016
@TomKludt How nice. Gawker advised me to leave last summer because they were never going to promote me higher than I was.
— Caity Weaver (@caityweaver) March 15, 2016
Hogan attorney grilling Denton on the Gawker Stalker. Denton says it was "harmless," no different from celeb sightings in papers #hulkvsgawk
— Tom Kludt (@TomKludt) March 15, 2016
Weird exchange. Hogan attorney apologizes to jury for saying "fuck." Denton also apologizes. Attorney says he's being insincere. #hulkvsgawk
— Anna Phillips (@annamphillips) March 15, 2016
Denton: "We asked them…We didn't sue people." His husband laughs. #hulkvsgawk
— Tom Kludt (@TomKludt) March 15, 2016
Hogan attorney says Gizmodo's big iPhone 4 scoop was just reporters trafficking in "stolen property" #hulkvgawk
— Anna Phillips (@annamphillips) March 15, 2016
I think Hogan's attorney just implied that Denton bribed Daulerio with his Ratter investment to cooperate in this suit? #hulkvsgawk
— Tom Kludt (@TomKludt) March 15, 2016
"It was a bad investment" Denton says of $500k he gave Daulerio for Ratter. "I doubt we’ll see any return from that investment" #hulkvsgawk
— Anna Phillips (@annamphillips) March 15, 2016
Denton is now being required to read aloud the entire last graph of Daulerio's sex tape commentary. #hulkvsgawk
— Anna Phillips (@annamphillips) March 15, 2016
Denton is asked abt decision to ignore Hogan's cease & desist letter.
"We considered it" he says. Didn't find it "persuasive" #hulkvsgawk— Anna Phillips (@annamphillips) March 15, 2016
Denton now taking questions from jury: What are the principles of Gawker?
— Jennifer Titus (@jenntitus10) March 15, 2016
Another jury question: Do you believe non celebrities have the right to privacy in their own bedrooms?
Denton: “Yes” #hulkvsgawk— Anna Phillips (@annamphillips) March 15, 2016
Final juror question: If the video was gratuitous, would you still believe it was covered under the 1st Amendment?
Denton: "no" #hulkvsgawk— Anna Phillips (@annamphillips) March 15, 2016
Trial starts back up at 1:15 Eastern time.
Mia Libby, Senior VP of Global Sales and Partnerships for Gawker, now on stand.
— Jennifer Titus (@jenntitus10) March 15, 2016
Libby attributes part of her decision to work for Gawker to being a "big fan of Gawker and Jezebel specifically." #hulkvsgawk
— Anna Phillips (@annamphillips) March 15, 2016
Asked to name Gawker's main advertisers in 2012, Libby lists: Intel, Samsung, Turner, ABC, Comedy Central #hulkvsgawk
— Anna Phillips (@annamphillips) March 15, 2016
“Traffic is an important number for us, but it’s not something we need to know on a regular and very timely basis…" #hulkvsgawk
— Tom Kludt (@TomKludt) March 15, 2016
Libby says the NSFW tag triggers an "automatic collapse" of ads on Gawker pages #hulkvsgawk
— Tom Kludt (@TomKludt) March 15, 2016
Is NSFW content valuable to Gawker?
Libby: “No, like I said, it makes our jobs harder.”#hulkvsgawk— Anna Phillips (@annamphillips) March 15, 2016
Hogan lawyer: Gawker is live streaming this trial, right? Are there ads on that site?
Libby: "I would say likely no" #hulkvsgawk— Anna Phillips (@annamphillips) March 15, 2016
There is advertising on the livestream site, but judge won't allow jury to hear more about it. #hulkvsgawk https://t.co/3NgUq96KQn
— Anna Phillips (@annamphillips) March 15, 2016
Former Gawker COO Scott Kidder echoes Libby's emphasis on the divide between company's editorial and business sides #hulkvsgawk
— Tom Kludt (@TomKludt) March 15, 2016
More from Scott Kidder testimony:
-DId Kate Middleton sue Gawker? "She did not."
-Did Brett Favre sue Gawker? "He did not."#hulkvsgawk— Tom Kludt (@TomKludt) March 15, 2016
Did Gawker make money from Hogan sex tape?
Kidder: "It did not."
No ads on a page = no ad revenue#hulkvsgawk— Anna Phillips (@annamphillips) March 15, 2016
In Oct. of 2012, Gawker Media's revenue was $2.7 million, of that https://t.co/hKUpN27xru accounted for $54,986 #hulkvsgawk
— Anna Phillips (@annamphillips) March 15, 2016
(Jesus, how is that even possible?)
Scott Kidder's annual salary at Gawker was $325,000 #hulkvsgawk
— Tom Kludt (@TomKludt) March 15, 2016
https://twitter.com/max_read/status/709824706476642304
Hogan's publicist, who handled his media tour, says she was told not to let anyone talk about the sex tape #hulkvsgawk
— Anna Phillips (@annamphillips) March 15, 2016
“You don’t have to talk about it," publicist recalls telling Hogan, regarding the sex tape. "That was my suggestion to him.” #hulkvsgawk
— Tom Kludt (@TomKludt) March 15, 2016
Hogan publicist: “He definitely talked about [the sex tape], so I would say he did not follow my advice.” #hulkvsgawk
— Anna Phillips (@annamphillips) March 15, 2016
Publicist says she never arranged for Hogan to call into TMZ to talk abt the sex tape. He did that on his own. #hulkvsgawk
— Anna Phillips (@annamphillips) March 15, 2016
Hogan's publicist on his TMZ interview: “I was like, ‘I didn’t set that up and I don’t know why he would be doing that.’” #hulkvsgawk
— Tom Kludt (@TomKludt) March 15, 2016
Publicist's deposition supports Gawker's argument that Hogan fanned the flames of the controversy, brought attention to the tape #hulkvsgawk
— Tom Kludt (@TomKludt) March 15, 2016
And with that, we're done for the day. Judge reminds jury that the polls are open until 7pm #hulkvsgawk
— Anna Phillips (@annamphillips) March 15, 2016