But legal experts say Beverly Hills lawyer Charles Harder is facing significant obstacles in his new suit — filed last Wednesday on behalf of life coach Gregory Scherick, who claims that Jezebel published a “false and defamatory article” alleging that Scherick runs a “cult.”
First, First Amendment experts note that publishers have more legal protections in a libel case than they do in an invasion of privacy case like Hogan’s, in which the former wrestler sued over Gawker’s publication of portions of a sex tape.
“Putting aside the general merits of this suit, it’s just tougher to win a libel suit rather than a privacy suit,” University of Minnesota journalism professor Jane Kirtley said.
Scherick must show that Jezebel’s article is materially false, while Jezebel can win if it shows the article is substantially true. If Scherick is found to be a public figure, which is possible given the popularity of his “Superstar Machine” program that prompted Jezebel’s exposé, he must prove Jezebel published with actual malice, publishing with knowledge the article is false or with serious doubts that the article is true.
None of those defenses are available in a privacy suit.
Another key difference between the Jezebel and Gawker lawsuits is the location. Unlike his successful Hogan case, in which a Florida jury last year awarded $140 million to Hogan and forced Gawker into bankruptcy, Harder filed his new suit in New York — where judges have proved to be far more likely to dismiss libel lawsuits.
The sheer number of past suits over alleged press abuses — many media companies are based in the state — has created a strong collection of court decisions that guide judges on First Amendment protections, lawyers in the field say.
“There’s no question it has been historically easier to get a dismissal or summary judgment on libel cases in New York,” University of Maryland journalism school dean Lucy Dalglish told TheWrap. “New York judges generally follow established law and are accustomed to dealing with cases involving media of all types.”
Kirtley added, “All things considered, if I’m libel media defendant, and if I could be sued anywhere, I’d prefer to be sued in New York.”
A recent decision by a New York federal judge to dismiss Sarah Palin’s libel lawsuit against the New York Times is “a great illustration” that both federal and state judges in the Empire state are not afraid to give the boot to libel lawsuits, Kirtley said.
Palin’s lawsuit was dismissed on Aug. 29 by U.S. District Court Judge Jed Rakoff, who ruled that Palin did not prove the Times acted with actual malice when publishing an editorial that mistakenly connected one of her political action committees to the 2011 Arizona shooting that wounded then-Rep. Gabrielle Giffords.
According to Los Angeles media lawyer Lincoln Bandlow, Harder didn’t have much choice on the venue since both Jezebel and Scherick’s company, International Scherick, are based in New York.
“I think the New York court was the best idea,” Bandlow said.
Harder did not respond to requests for comment about the lawsuit.
It’s also unclear if Silicon Valley investor Peter Thiel is bankrolling the Jezebel suit as he did with Hogan’s suit against Gawker — which ultimatelypaid Hogan $31 million to settle the privacy case before declaring bankruptcy.
Gawker’s sister sites, including Jezebel and Gizmodo, were later sold to Univision Communications’ Fusion Media Group.
Reps for Thiel did not respond to requests for comment.
Hulk Hogan Timeline: From Hulkamania to Gawker Sex Tape Trial (Photos)
Hulk Hogan was born Terry Bolea and attended high school in Tampa, Fla.
Thomas Richard Robinson High School
Hogan broke into the wrestling business in the late 1970's, working under names like Terry Boulder.
WWE
Hogan and his 24-inch pythons ran wild when Hulkamania swept the globe in the 1980's.
WWE
Hogan shocked the world when he bodyslammed the 520-pound Andre the Giant at Wrestlemania III.
WWE
Hogan's movie debut was in "Rocky III" as Thunderlips, a wrestler Rocky takes on at a charity event.
MGM
Hogan later starred alongside Christopher Lloyd in "Suburban Commando," one of many critical and commercial bombs Hogan was involved in.
New Line
Hogan admitted to taking steroids while testifying during a federal trial against WWF owner Vince McMahon. Hogan denied McMahon supplied or forced him to take the steroids, resulting in McMahon's acquittal.
WWE
Hogan left WWF and competed in WCW from 1994 to 2000. While there, he teamed with Scott Hall and Kevin Nash to form the infamous New World Order.
WWE
Hogan returned to WWF in 2002 and faced off against The Rock at Wrestlemania X8.
WWE
Hogan starred in "Hogan Knows Best," a reality show with his family, from 2005 to 2007. The show was abruptly cancelled after Hogan's wife, Linda Claridge, filed for divorce when she discovered Hogan cheated on her during filming.
VH1
A few months prior to the divorce, Hogan was harshly criticized after his son was sent to jail for reckless driving that left a friend with irreversible brain damage. Tapes released by local police revealed Hogan and his son blaming the victim during a phone call and planning to capitalize on the crash with a reality TV deal.
Clearwater PD
Hogan moved to TNA Wrestling in 2010, immediately becoming a major character in the promotion. He returned to WWE in 2014.
TNA
A clip from a sex tape featuring Hogan and Heather Clem, ex-wife of Bubba The Love Sponge, is published on Gawker in October 2012.
Getty Images
After returning to WWF, now called WWE, in 2014, Hogan was fired in July 2015 after a racist rant from his sex tapes was released by the National Enquirer.
WWE
On March 7, the trial between Hogan and Gawker began. Hogan is suing Gawker for $100 million in damages, accusing the outlet of invasion of privacy.
AP
On March 18, Hogan was awarded $115 million (more than the amount he was seeking) after a ten-day trial and less than a day of deliberation by the jury.
Getty Images
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Hogan’s turbulent career and personal life has put Hulkamania through the wringer
Hulk Hogan was born Terry Bolea and attended high school in Tampa, Fla.