Gawker Media has filed a motion to dismiss the lawsuit brought against them by Hulk Hogan on December 7th. They claim that Hogan has failed to state a claim against them for posting clips of the sex tape with Heather Clem.
The filming, which is 26 pages long, asks that the entire lawsuit from Hogan be dismissed and claims the lawsuit “fails to state a claim upon which relief can be granted because (a) defendants’ conduct involves speech about a matter of public concern and is therefore shielded from liability by the First Amendment; and (b) plaintiff fails as a matter of law to establish the elements of each of the torts.”
Hogan has acquired a copyright on the tape, but in the filming, Gawker stated the following: “With respect to plaintiff’s claim that the Excerpts infringe a newly-acquired copyright in the Video, he fails to state a claim upon which relief can be granted because he does not properly plead the ownership or registration of a valid copyright, including in a manner that would support an award of statutory damages or attorneys’ fees.”
Gawker continued on, citing that Hogan, “fails to plead facts alleging any wrongful conduct against the Tag-Along Defendants” and also failed to “plead any facts that demonstrate any tortuous activity in Florida that would support the exercise of this Court’s jurisdiction over them.”