Marc Randazza was quoted in Business Insider today about the first amendment issues in the Hulk Hogan sex tape suit against Gawker Media.
Hulk Hogan’s sex tape is hardly the Pentagon Papers, but the outlet might have had a right to publish the clip even if it wasn’t in the best taste.
“I could see maybe posting a few seconds to show it’s authentic,” Randazza said. “But what was the journalistic necessity of the entire minute? I think that’s a hair that ought to be split.”
“Do journalistic outlets have a right to publish that?” continues Randazza. “My conclusion is this: God help us, but unfortunately yes. May [James] Madison have mercy on our souls for what we’ve done with the First Amendment.”
Read the rest on Business Insider.