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Free Speech vs Billionaires: Netflix Streams A New Documentary About The Gawker Verdict (businessinsider.com)

Speaking of Netflix, last month they began streaming "Nobody Speak: Trials of the Free Press" -- a new documentary by Brian Knappenberger about the Gawker verdict. An anonymous reader shares this description from Business Insider: Knappenberger -- who previously made the movies "The Internet's Own Boy: The Story of Aaron Swartz," on internet activist Aaron Swartz, and "We Are Legion," about the hacker group Anonymous -- got in touch with Nick Denton and Gawker editor-in-chief (who also posted the Hogan sex tape video) A.J. Daulerio to be in the film as well as Hogan's lawyer David R. Houston... Knappenberger said he also tried to get Peter Thiel to be in the movie, but Thiel declined Knappenberger's numerous requests. And the movie shows how other people with money and influence can and do silence the media.

Knappenberger also showcases what happened to the Las Vegas Review-Journal at the end of 2015. The paper's staff was suddenly told that the paper had been sold, though they were never told who the new publisher was. A group of reporters found that the son-in-law of Las Vegas casino titan Sheldon Adelson was a major player in the purchase of the paper. According to the movie, Adelson had a vendetta with the paper's columnist John L. Smith, who wrote unflattering things about him in a 2005 book. Smith was even ordered after the paper was bought that he was never to write about Adelson in any of his pieces. For Knappenberger, there's no other way to look at it: The suppression of the media by billionaires is happening.

Knappenberger said if any legal documents arrive from the billionaires discussed in his movie, "We're ready for it." But he added that the bigger issue is getting people to understand that the loss of the free press is "the most important thing facing our country." Or, as a former Gawker editor says in the film, "If you're not pissing off a billionaire, what's the point?"

39 of 199 comments (clear)

  1. Yea okay by Anonymous Coward · · Score: 5, Funny

    Gotta protect that sacred right to publish other people's sex tapes.

    1. Re:Yea okay by Anonymous Coward · · Score: 2, Insightful

      It's not like you'll run out of places to get your trash "news" and celebrity sex tapes. Calm down.

    2. Re:Yea okay by x0ra · · Score: 3, Informative

      ... and out gay billionaire we don't politically agree with.

    3. Re: Yea okay by slasher999 · · Score: 4, Interesting

      Right? This has little if anything to do with free speech. They did something not very nice and karma bit them. As for billionaires silencing anyone, that's a load as well. Go start your own company and don't be a sell out, then you can do whatever you want. Almost.

    4. Re:Yea okay by Anonymous Coward · · Score: 2, Funny

      They also later decided he wasn't really gay because of his politics... so, yeah.

  2. wealthy owners always skew the news by turkeydance · · Score: 2

    Frederic Remington, an artist hired by Hearst to provide illustrations to accompany a series of articles on the Cuban Revolution, soon became bored with seemingly peaceful Cuba and wired Hearst in January 1897: "Everything is quiet. There is no trouble. There will be no war. I wish to return." To which Hearst's alleged[6] reply was: "Please remain. You furnish the pictures and I'll furnish the war." https://en.wikipedia.org/wiki/...–American_War

  3. Gawker burned to the ground, and good riddance by TimothyHollins · · Score: 5, Insightful

    You keep talking about the press, but then you mention Gawker and Nick Denton. Make up your mind, which one is the piece about?

    There are hundreds of news organizations in the US alone that have been pressured by moneyed interests, why choose Gawker? They were the least ethical trash rag you could ever find, and both the writing and ethics quality of the US press went up by a small but significant percentage the day Hulkster gave them the final bodyslam.

    Here's the deal -
    Hulk Hogan went after them because they published (and refused to take down) his *private* recording of him doing his friend's wife (with his friend in the room ...watching). Peter Thiel funded the case because Gawker had earlier decided to out Thiel as a homosexual, something he didn't want publicly known. Both of these things are pretty gross by human standards, and the "press" is supposed to follow certain ethical guidelines if the Society of Professional Journalists is to be believed (https://www.spj.org/)

    All in all, killing Gawker and all it's vile subsidiaries (which unfortunately didn't happen) was of big help to the free press since it then had one black sheep flock less to tarnish its reputation, and there was more space left for real, actual, objective, journalism to use.

    So in summary - The free press is critical to a functional society, and Gawker's demise improved the life of everyone on the planet by a small percentage (except for dickwolves Nick Denton and Sam "Bring back bullying" Biddle)

    1. Re:Gawker burned to the ground, and good riddance by Anonymous Coward · · Score: 3, Informative

      Bollea and Clem settled before the Gawker trial.

    2. Re:Gawker burned to the ground, and good riddance by Pluvius · · Score: 5, Informative

      As a card-carrying member of the ACLU, I'm having a hard time seeing what its mission has to do with Gawker. Even free-speech fundamentalists like us acknowledge limits, and one of those limits is the right to privacy. The only exception to that is if the speech is something newsworthy about a public figure, and that sex tape was decidedly not newsworthy.

      https://aclum.org/civil-liberties-minute/did-gawker-have-a-first-amendment-right-to-publish-hulk-hogans-sex-tape/

      With gawker out of the way, they're moving onto defending a clear scammer [wsj.com] against deadspin.

      Who's "they"? Certainly not Peter Thiel, the guy who you and this documentary are blaming for the death of freedom of the press in this country. He has nothing to do with that lawsuit.

      Rob

    3. Re:Gawker burned to the ground, and good riddance by Anonymous Coward · · Score: 2, Insightful

      How would suing the fried accomplish the goal of getting the video taken down from Gawker's site? If an ex posts a sex video on a website...yes, suing the ex will punish them...but my primary goal would be getting the video taken down. And if the site declines to do so, what choice do you have but to sue them.

    4. Re:Gawker burned to the ground, and good riddance by asdfman2000 · · Score: 3, Interesting

      Who's "they"?

      The bogeyman, of course! Depending on who you are pandering to, it's conservatives, alt-right, the NRA, GamerGate, MRAs, Fascists, KKK, Nazis, Neo-Nazis, etc.

      These days, it's all about whipping up a mob, and if you define the "enemy" too closely you can't get a big enough mob. It's why you have things like the "women's march" with no clear goals or message, with pro-sharia leaders, speakers who were convicted for torture and murder, and literal terrorists as organizers.

      Most of these people calling for "free speech" in the case of Gawker would be the first to decry it when it comes to sites like Breitbart, infowars, and Drudge Report. They're the same crowd that loves to point to this XKCD (which completely misunderstands the principle of free speech) when they push for corporate censorship of opposing political views whilst mocking defenders of free speech with the phrase "freeze peach".

    5. Re:Gawker burned to the ground, and good riddance by interkin3tic · · Score: 2

      The ACLU holds it's nose in defending the KKK's right to speech. I'm able to hold my nose defending Gawker's freedom of press.

      They're different in a lot of ways, I was only illustrating the point that "the defendant is awful" is a shitty reason to root against them.

      The "they" was specifically the lawyers representing hogan. But "they" in the general nefarious forces also works probably. I didn't see anything about Thiel regretting taking down Gawker in this manner. American oligarchs now have a blueprint for shutting down press they don't like. These tactics will be used again. Slashdotters might not be so happy next time.

    6. Re:Gawker burned to the ground, and good riddance by Mashiki · · Score: 4, Insightful

      The ACLU holds it's nose in defending the KKK's right to speech. I'm able to hold my nose defending Gawker's freedom of press.

      Then let's make this easy. What part of Hogan screwing someone is newsworthy? Because not even Gawker could answer that in court. Read the court transcripts, Gawker had nothing on top of the fact that there was repeated orders by the court to take it down.

      Why do I have a feeling that if Hogan was the opposite gender a whole pile of opinions in this comment section wold be the exact opposite, and asking questions like "why is gawker defending publishing *insert females* sex tape, this is a violation of her rights!"

      --
      Om, nomnomnom...
  4. Re: Gawker fucked themselves over. by Anonymous Coward · · Score: 2, Interesting

    Hulk Hogan, the public persona was a MADE UP CHARICTER. Unlike youth ministers who directly interact with kids, he is a performance artist, a character actor who's character happens to body slam other characters.

    If you teach your kids that looking up to pro wrestlers is good and healthy you are a terrible parent. You watch and enjoy the show and separate it from reality.

  5. Free Speech? More like compliance with court... by Marful · · Score: 5, Insightful
    The Gawker case wasn't an issue of free speech, and trying to change the narrative to that is incredibly disingenuous. Gawker failed to comply with a court ruling and got taken to task for violating a court order.

    Then, THEN, Gawker decided to double down on their stupid and leak sealed documents (a recording they had in possession) of Terry Bollea going on a "racist rant" costing Bollea him his WWE job. You know, the sealed documents that only Gawker had in their possession, the videos that the previous court ordered sealed...

    So yeah, no sympathy for Gawker, what-so-fucking-ever, and this is NOT a case of "free speech".

    And of course, lets not forget this gem:

    Later asked by an attorney for Hogan if there was a situation in which a celebrity sex tape might not be newsworthy, Delaurio responded: “If they were a child.”

    The attorney then asked him to specify: a child under what age? Daulerio responded: “Four.”

    1. Re:Free Speech? More like compliance with court... by Anonymous Coward · · Score: 2, Insightful

      Yeah and don't forget Gawker was happy to ruin the lives of college students who couldn't afford to sue by publishing sex tapes they begged to have taken down.

    2. Re:Free Speech? More like compliance with court... by Rockoon · · Score: 4, Insightful

      I don't know about in Russia, but when a Judge in the U.S. gives you an order, and you don't do it, thats a pretty big deal.

      --
      "His name was James Damore."
    3. Re:Free Speech? More like compliance with court... by DRJlaw · · Score: 5, Insightful

      You're right that gawker made serious errors in the Hogan case. Maybe they could have survived had they played that smarter. But you're living in a just world fallacy if you think that makes it okay or removes all freedom of press issues.

      There is no fallacy in believing that if Gawker made serious errors in the Hogan case and was made to compensate Hogan, that makes it OK. Those were the facts of the case, and yelling "just world fallacy" is simply a way of arguing that if reality was different, then the outcome would not have been acceptable. But reality was not different, and the only alternative is the view that if Gawker could have outspent Hogan, denied him compensation, and thus survived, that would be OK.

      Gawker wronged Hogan, started juggling metaphorical bombs, and blew itself up when its skills didn't match its own expectations.

      I don't feel sad, or threatened in my civil liberties, by the outcome.

  6. If the Hulk Hogan's sex tape is free speech... by Nova+Express · · Score: 3, Insightful

    ...then every pervert posting illicit upskirt pictures of women without permission is a champion of the first amendment.

    Many of the interviewees huff about the First Amendment, and yet not one of them explains how “Congress shall make no law . . . abridging the freedom of speech, or of the press” applies to publishing a sex tape made without permission. A Florida jury was asked to consider the following questions: Was posting the video offensive to a reasonable person? Was it devoid of news value? Did Gawker founder Nick Denton participate in posting the video? The answers to the first and third questions are hardly debatable. As for news value: If Hogan’s sex tape is fair game, whose isn’t? Given that women are the usual targets of this sort of thing, it’s surreal to hear so many members of the supposed Party of Women (TM) say that there is a legitimate public interest in viewing any famous person’s bedroom activities. Try to imagine liberals making the case that Breitbart has the First Amendment right to publish a covertly recorded sex tape involving, say, Tina Fey or Rachel Maddow simply because some sleaze merchant shopped it to them.

    Asked in a deposition about what celebrity sex tapes he wouldn’t publish, one Albert J. Daulerio, another former Gawker editor and the author of a snarky blog post accompanying the Hulkster’s sex tape on the site, is seen saying, “If they were a child.” Under what age? “Four,” he says, and the jury that heard this could no longer entertain any doubts about the sort of people with whom it was dealing.

    --
    Lawrence Person (lawrencepersonh@gmailh.com (remove all "h"s to mail)

    http://www.lawrenceperson.com/

  7. Re:Ummm... by thecombatwombat · · Score: 2

    Consider watching the documentary. I'm not saying it's good or bad, but it never claims Hogan is a billionaire. The mentioned billionaire is not Hogan, it's Peter Thiel and a few other wealthy people influencing media. The summary may not be very clear, but I'm pretty sure the filmmaker can count.

  8. Re:Free Speech? by Rockoon · · Score: 2

    What do you think is the right fine for someone that is actively violating a court order in a flaunting and public manner?

    --
    "His name was James Damore."
  9. Re:Ummm... by Zurkeyon3733 · · Score: 2

    He can fund whoever he is friends with, and that is his business... His dollar value doesn't change that. Perfectly Legal. Doesn't change the fact that the tape was private, released without permission, obtained without permission, and resulted in massive damages to the Plaintiff in his career and personal image. (Which is his product and brand FYI...) Defamation is defamation. Gawker broke a court order and DESERVED what it got. EVERYONE is allowed a private life. Even tiny little pee pee wearer Hulk Hogan. (And just the FACT that I know that, means he SHOULD have won. It wasn't gawker's, Nor ANYONE elses business!)

  10. The Justice is Too Damn High by Anonymous Coward · · Score: 4, Insightful

    Worth a read. Even Hulk Hogan couldn't afford justice and needed a billionaire's help.

    https://jebkinnison.com/2016/06/29/the-justice-is-too-damn-high-gawker-the-high-cost-of-litigation-and-the-weapon-shops-of-isher/

  11. Re:Free Speech? by ArmoredDragon · · Score: 5, Informative

    Wrong. The verdict was decided by a jury, not by a judge. Gawker did appeal, and the judgement was stayed. They also filed for chapter 11, which doesn't necessarily mean the end of the company. Gawker then lost on appeal.

    I get it, you hate Peter Thiel, but that doesn't make this verdict any less relevant, nor does it make Gawker any less of a shitty sleazy website.

  12. Re:Gawker fucked themselves over. by ShanghaiBill · · Score: 2

    How is a pro wrestler having sex and making rude comments newsworthy?

    The 1st Amendment says nothing about "newsworthiness".

    It serves no purpose in public discourse

    Speech does not have to "serve a purpose" or contribute to "public discourse" to be protected.

    Gawker lost because they violated Hogan's privacy rights by using a surreptitiously recorded tape, which was an illegal recording.

  13. they can't be serious by ArylAkamov · · Score: 4, Insightful

    This is pure historical revisionism, and it's disgusting to watch. I wonder if they feel the same way about the fappening awhile back, with all the leaks of nude female celebrities.

  14. Re: Free Speech? by Anonymous Coward · · Score: 2, Insightful

    Yeah when you violate lawful orders you lose rights.
    Like when a cop says you are under arrest and you run you get shot. Same difference. You don't get to appeal that either.

  15. Really? REAALLY? by ckatko · · Score: 3, Informative

    I feel so bad... so terrible... for a magazine that outed gay men, and leaked people's private sexual activities.

    When "Gawker"--a universally hated organization among journalists and human beings--are "The good guys", it's pretty easy to call bullshit on the entire thesis of the documentary. What's next? Saying pedophiles are just misunderstood?

    http://gawker.com/5941037/born...

    Oh.... shit.

  16. Gawker? Media? Journalism?? by sciengin · · Score: 3, Insightful

    Gawker has zero shit to do with anything resembling journalism.
    Gawker (and all its subsites) is just industrialized slander, nothing more. If the HH-case were the first mistake they made, I would think different, but this case was really just the straw that broke the donkeys back. 10 years of abuse towards its interns, readers, the general public, gun owners, photographs... that finally came crashing down.

    They were one of those street thugs that thought messing with a made man was a good idea to show everyone how tough they are. Now they lie in the ditch with a hole in the head and whine about it.

    A monster in a horror flick does not become the innocent final girl just because it has flayed her and now wears her skin and face; Gawker is not journalism even though they occasionally employ journalistoid techniques.

  17. I read the description... by Bartles · · Score: 3, Insightful

    ...of this netflix documentary and laughed out loud. It obviously casts Hulk Hogan as the villian and Gawker as an innocent crushed under the bootheel of censorship. This is so far from reality and the views of everyone who knows anything about this story. It is very clear that this "documentary" 's purpose is solely to push an agenda. Complete and total crap.

  18. Re:Citizen who? by Bing+Tsher+E · · Score: 2

    Trotsky is incompatible with just about everything but selling newspapers at the lit table in the student union.

  19. Re:Ummm... by Bing+Tsher+E · · Score: 4, Insightful

    Gawker planned on having a jolly good time baiting Hogan in court. They figured he had some money, but they had more and would make even more in the process of the legal proceedings.

    Then Thiel came along and said 'fuck this stuff.'

    Poor little Denton didn't get to be the biggest bully on the playground.

  20. They did it to themselves first... by LeftCoastThinker · · Score: 2

    If the press actually cared about the truth and having accurate, verified facts, I would care more. As it is, Gawker got what they legally deserved, and I hope Hogan owns the houses of the asshats in charge at Gawker and everyone else associated with that sex tape too. Actions have consequences, and we have an out of control press these days that cares more about their agenda than they do about the truth. That is by far more dangerous to our democracy than a few rich people buying newspapers to get better press.

    Something like 50% of all adults no longer trust CNN now, thanks to all their BS reporting of the Russian hacking and followon reporting. That is not a good place to be for a news outlet. When CNN ties MSNBC for distrust numbers, maybe they will clean house and start pursuing the truth, regardless of who benefits... But I am not holding my breath.

    --
    If you disagree, please post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like
  21. Re:Gawker did a lot of good journalism by Anonymous Coward · · Score: 4, Insightful

    Gawker was well within their rights to report on the comments, not release the tape. Much in the same way an ex-boyfriend can legally tell people how the sex went but can't sell the tape without consent of all the people in it.

    We consider revenge-porn a deplorable act. Gawker certainly was trying their damnedest to complete that act.

  22. Re:Gawker did a lot of good journalism by goose-incarnated · · Score: 4, Insightful

    Normally they'd have been fine. What got them is they didn't know that Hogan had that billionaire behind him until it was too late.

    Both statements are untrue. What got them was ignoring an order of the court to take down the nude and sexual images and videos they published without permission.

    Hogan's sex tape had some legitimate newsworthiness. Specifically his racially charged comments. As a public figure Gawker is well within their rights to report on them. What's more, we've lost a legitimate source of good 'ole fashion muck racking of the kind that used to keep abuses by the rich in check. Whatever your personal views on Gawker you're going to regret losing them as the billionaire class can now operate in shadow. Good luck starting your business if it competes with or even gets noticed by them.

    The billionaire class is already operating out of the shadows - see gawkers response to the fappening and their response to hogan. One sex scandal is "bad" because it offends gawkers ideology and the other one is "good" because it reinforces gawkers ideology: Here is the position that gawker takes.

    --
    I'm a minority race. Save your vitriol for white people.
  23. Re:Gawker did a lot of good journalism by AmiMoJo · · Score: 3, Insightful

    The relative merits of Gawker aside, the issue here is fair access to justice.

    The rich have better access to justice. They can afford expensive legal action and the risk it carries, and they can afford lawyers with more time and resources to dedicate to them.

    Anyone should be able to do what Hogan did, without the backing of a billionaire.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  24. Re:Gawker did a lot of good journalism by Mashiki · · Score: 3, Informative

    What got them is they didn't know that Hogan had that billionaire behind him until it was too late.

    Wrong. What got them was the fact that they refused multiple court orders to take it down. It wasn't the "billionare behind him." It wasn't because it wasn't actually newsworthy(if you define some guy screwing someone else newsworthy). It was simply that: They refused to follow the law, and the jury agreed with the reasoning with that.

    --
    Om, nomnomnom...
  25. Re:Citizen who? by JackieBrown · · Score: 2, Insightful

    The problem is that the media have done this to themselves by showing their bias for way too long. They have done everything they could do to destroy any credibility they had.

    We had 8 years of softball press where we would listen to them laugh and clap with the president and his staff (when he wasn't straight out hiring them.) Now we have the extreme opposite. Their hatred towards the new president oozes from the angles of the stories they take and news titles they use and even the news tickers running at the bottom of the TV. If Trump had followed Bush, the obviousness of the bias stemming from their hate would not be as evident, but coming off the past 8 years of reporting, it's impossible to miss.

    Additionally, there are so many new online outlets for news, that we do still have a free press. Just the tradition newspaper and TV press no longer have the influence they use to have.

  26. Re:Citizen who? by WarlockD · · Score: 2, Interesting

    The secret to being a great president is knowing when to keep your damn mouth shut.

    The press want, no, NEED a spectacle daily. With Obama, all they had was who he was trying hire and the weekly Obamacare something. Otherwise there was nothing to talk about him. Hell, his entire platform when he was getting elected was "Vote for me, because I have no skeletons and I might change something..maybe"

    Trump tweets constantly about stuff that even fourteen year old knows its stupid to do. Of course the media will jump on it, its easy filler and the media has ALWAYS been easy. CNN picks up the piece, FoxNews spins it, NPR/BBC pulls out some boring but relevant facts, and Youtube laughs at everyone bias's. Then everyone waits for the next stupid tweet and we got another news week fellas!

    As Roosevelt said, "speak softly, and carry a big stick." He could be in the background using his money and connections to do anything he wants, but instead waists ALL that potential on his damn twitter.

    As a side note, I did vote for Trump because I was hoping this was all a ruse and he would get serious when he came to power. If he had killed his twitter account, I wouldn't be so angry as I am now.