This started out as a comment but as I wrote it it came to me that maybe it should be a post…So here it is.
Obviously this is a topic that is of interest to me and in all honesty the best commentary I have read on it has been right here in the comments on mikesouth.com.
I hold the first amendment in very high regard but I also hold the right to privacy in very high regard and in some circumstances I think that the aforementioned right to privacy trumps the first amendment, and this case may well be one of them. I haven’t followed this until the verdict so I have some conflicted opinions and am honestly not too sure about some of it at the moment.
I can say this… If I had gotten hold of that sex tape, my first call would have been to a really good attorney someone I trust and someone good, like JD Obenberger or Marc Randazza.
In the end though had they told me that I would be safe running it the big question is do I run it? In this case my answer would have been no, and some of you probably know that I was faced with a very similar situation last year.
For me there would have to be a compelling reason to run it, say John Doe KNEW that he had HIV and this tape proved that he was having unprotected sex with girls who he did not tell that he had HIV then I have a compelling reason why privacy doesn’t trump first amendment.
Put another way, when a performer gets HIV or HEP C or another STD I am always faced with a dilemma, that being does his/her right to privacy trump the right of fellow performers to know that they were exposed. I don’t think it does and that is why I contact the performer and say look come forward, do the right thing by your fellow performers and I will back you up, if you choose NOT to come forward I will out you, take a day and think about it if you need to but people have a right to know if their health has been compromised.
It is a situation that I absolutely HATE to be in, but in the end I have to do what I think is right.
Back to Hogan and Gawker, I am just not sure what the justification is on Gawkers part, I know that tomorrow Gawker founder Nick Denton will be telling his side and I am interested to hear it.
I just intended this to be a comment but it occurs to me that maybe it should be a post. As always if anyone wants to present an alternative view I am more than happy to run it, just email it to me or post it here and let me know you are OK with my running it front page and crediting you.
Thanks Y’all you really are the best and I am lucky as hell to be in such esteemed company…Y’all are smart and articulate and I appreciate the opportunity I have to learn from ya!