@milkman: I never said they slandered - but they reported and published what they call "news about prominent figures" that falls under the first amendment. The court disagreed. The Hogan tape wasn't news in the least bit, seriously. They're trying to push this idea that publishing a sex tape about someone that we see in headlines is news, and therefore first amendment protected - when in reality I think that's a gross overstatement, a stretch, and pretty awful in general. The thing is they then turn around and lose their shit about nude leaks of other celebrities.
If they do go to trial and win their appeal it doesn't matter does it? Why would they file for bankruptcy if they were certain that they could win an appeal? What they're actually doing here is soliciting offers for rehabilitation of the company, so if Ziff comes in and ponies up $100 million, and can steer Gawker back toward a better P&L then it won't matter in the long run WHY they declared bankruptcy, but the stories certainly won't read as "Gawker founders save the day" - it'll be a story about how Ziff came in and course corrected a wayward company.
In the end if the courts find that putting out a sex tape of someone famous is protected under the first amendment I'm way more concerned about what kind of justice that really is because then we have to define what a celebrity is, and when is it ok for your sex tape to get out?
Edit: You're definitely right about the Thiel story - it doesn't have any vitriol or aggressive tone - I think the line is "Peter Thiel is gay people, deal with it." which I don't personally see as a big deal but remember that's 14 years ago that story came out, when we were in a different spot with homosexuality and acceptance thereof in the states. I think Thiel's angle was that it hurt those around him more, and he saw the future of what could happen (and kind of did) with Gawker being able to publish things that weren't accepted common knowledge.
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