Bollea V. Gawker
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Bollea V. Gawker
''Bollea v. Gawker'' was a lawsuit filed in 2013 in the Florida circuit courts, Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, delivering a verdict on March 18, 2016. In the suit, Terry Gene Bollea, known professionally as Hulk Hogan, sued Gawker Media, publisher of the Gawker website, and several Gawker employees and Gawker-affiliated entities, for posting portions of a sex tape of Bollea with Heather Clem, at that time the wife of radio personality Bubba the Love Sponge. Bollea's claims included invasion of privacy, infringement of personality rights, and intentional infliction of emotional distress. Prior to trial, Bollea's lawyers said the privacy of many Americans was at stake while Gawker's lawyers said that the case could hurt freedom of the press in the United States. Bollea sought $100 million in damages. In March 2016, the jury found Gawker Media liable and awarded Bollea $115 million in compensatory damages and $25 million in punitiv ...
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Florida Circuit Courts
The Florida circuit courts are State court (United States), state courts, and are trial courts of original jurisdiction for most controversies. In Florida, the circuit courts are one of four types of courts created by the Florida Constitution (the other three being The Florida Supreme Court, Florida district courts of appeal, and county court (Florida), Florida county courts). The circuit courts primarily handle Civil law (common law), civil cases where the amount in controversy is greater than $30,000, and felony criminal cases, as well as appeals from county courts. Additionally, since circuit courts are constitutional courts as are courts of appeals, state circuit courts operate under the constitutional consideration of that state's constitution that operates under the Constitution of the United States of America. Therefore, Supreme Court justices can be assigned to state circuit courts of appeals and circuit courts where there is a need by the discretion of the Department of J ...
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Univision Communications
TelevisaUnivision (formerly known as Univision Communications) is a Mexican-American media company headquartered in New York and Mexico City, which owns the American Spanish language broadcast network Univision. 45% of the company is held by the Mexican media conglomerate Televisa, a major programming partner for Univision. Since its founding in the early 1960s as Spanish International Network (SIN), the nation's first Spanish language television network, the company has catered to Hispanic and Latino Americans. It is currently a multimedia conglomerate, with broadcast cable, digital and audio networks, including 65 television stations, online and mobile apps and products. History Univision Communications Inc. was founded in , as Spanish International Communications Corporation (parent of Spanish International Network) by Rene Anselmo, an American-Mexican TV executive of Cuban-Italian-American descent, Emilio Nicolas Sr., owner of KUAL-TV (now KWEX-DT) in San Antonio, and Mexi ...
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Cross-examination
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) and may be followed by a redirect (re-examination in Ireland, England, Scotland, Australia, Canada, South Africa, India, Hong Kong, and Pakistan). Redirect examination, performed by the attorney or pro se individual who performed the direct examination, clarifies the witness' testimony provided during cross-examination including any subject matter raised during cross-examination but not discussed during direct examination. Recross examination addresses the witness' testimony discussed in redirect by the opponent. Depending on the judge's discretion, opponents are allowed multiple opportunities to redirect and recross examine witnesses (may vary by jurisdiction). Variations by jurisdiction In the United States federal Courts, a cross-examining ...
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First Amendment To The United States Constitution
The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The Bill of Rights was proposed to assuage Anti-Federalist opposition to Constitutional ratification. Initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with ''Gitlow v. New York'' (1925), the Supreme Court applied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment. In '' Everson v. Board of Education'' (1947), the Court drew on Thomas ...
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Prior Restraint
Prior restraint (also referred to as prior censorship or pre-publication censorship) is censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression. It is in contrast to censorship which establishes general subject matter restrictions and reviews a particular instance of expression only after the expression has taken place. In some countries (e.g., United States, Argentina) prior restraint by the government is forbidden, subject to exceptions (such as classifying certain matters of national security), by their respective constitutions. Prior restraint can be effected in a number of ways. For example, the exhibition of works of art or a movie may require a license from a government authority (sometimes referred to as a classification board or censorship board) before it can be published, and the failure or refusal to grant a license is a form of censorship as is the revoking of a license. It can take the form of a le ...
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Fair Use
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. Unlike "fair dealing" rights that exist in most countries with a British legal history, the fair use right is a general exception that applies to all different kinds of uses with all types of works and turns on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work. The doctrine of "fair use" originated in the Anglo-American common law during the 18th and 19th centuries as a way of preventing copyright law from being too rigidly applied ...
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James D
James is a common English language surname and given name: *James (name), the typically masculine first name James * James (surname), various people with the last name James James or James City may also refer to: People * King James (other), various kings named James * Saint James (other) * James (musician) * James, brother of Jesus Places Canada * James Bay, a large body of water * James, Ontario United Kingdom * James College, a college of the University of York United States * James, Georgia, an unincorporated community * James, Iowa, an unincorporated community * James City, North Carolina * James City County, Virginia ** James City (Virginia Company) ** James City Shire * James City, Pennsylvania * St. James City, Florida Arts, entertainment, and media * ''James'' (2005 film), a Bollywood film * ''James'' (2008 film), an Irish short film * ''James'' (2022 film), an Indian Kannada-language film * James the Red Engine, a character in ''Thomas the Tank En ...
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Charles Harder
Charles John Harder (born November 9, 1969) is an American lawyer at the law firm Harder LLP based in Los Angeles, California. Education and early career Harder graduated from the University of California, Santa Cruz with a bachelor's degree, in 1991. He earned a juris doctor degree from Loyola Law School in Los Angeles, in 1996. After completing law school, Harder served as a law clerk to U.S. District Judge A. Andrew Hauk, in Los Angeles. Notable cases Harder is best known for representing Hulk Hogan (real name Terry Bollea) in the ''Bollea v. Gawker'' case. In 2007, Harder represented videogame publisher Ubisoft in a one-week arbitration trial, defeating an $11 million claim by a German videogame producer. In 2009–2016, Harder represented numerous celebrities in cases over misappropriation of their names and likeness, including Sandra Bullock, George Clooney, Bradley Cooper, Jude Law, Mandy Moore, Liam Neeson, Julia Roberts and Reese Witherspoon. Harder also won fou ...
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Temporary Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); '' Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. D ...
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United States District Court For The Middle District Of Florida
The United States District Court for the Middle District of Florida (in case citations, M.D. Fla.) is a federal court in the Eleventh Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). The District was established on July 30, 1962, with parts of the Northern and Southern Districts transferring into the newly created Middle District the United States Attorney for the District is Roger B. Handberg. Organization of the court The United States District Court for the Middle District of Florida is one of three federal judicial districts in Florida. Court for the District is held at Fort Myers, Jacksonville, Ocala, Orlando, and Tampa. Fort Myers Division comprises the following counties: Charlotte, Collier, Desoto, Glades, Hendry, and Lee. Jacksonville Division comprises the following counties: Baker, Bradford, Clay, Columbia, Duval, Flagler, Hamilton, Nassau, Putnam, St. Johns, ...
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Copyright Infringement
Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. Copyright infringement disputes are usually resolved through direct negotiation, a notice and take down process, or litigation in civil court. Egregious or large-scale commercial infringement, especially when it involves counterfeiting, is sometimes prosecuted via the criminal justice system. Shifting public expectations, advances in digital technology and the increasing reach of the Internet ...
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Tampa Bay Times
The ''Tampa Bay Times'', previously named the ''St. Petersburg Times'' until 2011, is an American newspaper published in St. Petersburg, Florida, United States. It has won fourteen Pulitzer Prizes since 1964, and in 2009, won two in a single year for the first time in its history, one of which was for its PolitiFact project. It is published by the Times Publishing Company, which is owned by The Poynter Institute for Media Studies, a nonprofit journalism school directly adjacent to the University of South Florida St. Petersburg campus. History The newspaper traces its origins to the ''West Hillsborough Times'', a weekly newspaper established in Dunedin, Florida on the Pinellas peninsula in 1884. At the time, neither St. Petersburg nor Pinellas County existed; the peninsula was part of Hillsborough County. The paper was published weekly in the back of a pharmacy and had a circulation of 480. It subsequently changed ownership six times in seventeen years. In December 1884 it w ...
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