October 1, 2015
Hogan. (AP Photo)

Hogan. (AP Photo)

The latest bout in an ongoing legal tussle between Gawker Media and Hulk Hogan was decided Thursday in favor of the former professional wrestler.

In a pretrial hearing, Circuit Judge Pamela Campbell ruled that more than a dozen court filings entered into the record by legal teams representing Gawker Media and Hogan will remain under seal. The filings, which span more than a year’s worth of litigation, were kept confidential on the grounds that their disclosure could jeopardize Hogan’s right to privacy.

All told, Campbell ordered 15 separate case filings sealed. Although their contents remain confidential, general descriptions provided the court show the sealed material includes evidence and records of legal maneuvering by both sides filed between May 2014 and August 2015.

Seth Berlin, a lawyer representing Gawker Media, called the closure of the evidence “unfortunate” as he exited the courthouse, saying the proceedings ought to be a “public process.”

In the runup to today’s hearing, lawyers for media organizations including the Tampa Bay Times, The Associated Press and First Look Media filed a motion asking the court to unseal the records, citing the “public’s right of access.” Michael Berry, an attorney for Gawker Media, reiterated that argument several times Thursday to no avail. Berry also argued that many of the records deemed confidential by the court were already matters of public record, an argument that did not sway Judge Campbell.

Today’s ruling is the latest skirmish in a years-long court battle between Hogan and Gawker Media, which is facing a multi-million dollar invasion-of-privacy lawsuit stemming from its decision to publish an excerpted version of a tape showing Hogan having sex with Heather Clem, the former wife of shock jock Bubba the Love Sponge Clem.

Also discussed in Thursday’s hearing was a motion to determine whether lawyers for Gawker Media leaked confidential evidence to The National Enquirer, which recently published a story claiming Hogan used a racial epithet on a leaked tape. Gawker Media’s lawyers say they aren’t responsible for the leak — that they didn’t have the evidence in the first place — but representatives for Hogan argued in a court filing that they are likely The Enquirer’s source.

Hulk Hogan — real name Terry Bollea — was in attendance at Thursday’s hearing. Wearing an unadorned black bandana, he remained quiet for the duration of the proceeding, spending much of the time checking his phone or having hushed exchanges with his lawyer David Houston.

As he exited the courthouse, Hogan appeared to be in a high spirits. Flanked by his lawyers and encircled by the media, he waved at a child and hugged a woman as he made his way to a nearby vehicle. In response to questions from reporters, he offered only limited remarks.

“It’s a beautiful day,” he said.

Correction: A previous version of this story said Michael Berry represented the Tampa Bay Times, The Associated Press and First Look Media. In fact, it was Robert Rogers.

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Benjamin Mullin was formerly the managing editor of Poynter.org. He also previously reported for Poynter as a staff writer, Google Journalism Fellow and Naughton Fellow,…
Benjamin Mullin

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