Hulk Hogan lost a match in the courts Friday when an appeals judge lifted a court order preventing a gossip website from posting a story about and excerpts from a sex tape featuring the wrestling superstar, according to The Hollywood Reporter.
The website quoted Florida appeals judge Anthony Black as saying the injunction was unconstitutional and violated Gawker.com’s First Amendment rights.
In October 2012, Hogan filed a civil lawsuit in Pinellas County Circuit Court against shock jock Bubba the Love Sponge Clem, and Clem’s ex-wife, Heather Clem. The suit accused the pair of videotaping Hogan and Heather Clem having sex in Heather Clem’s bedroom about six years ago.
Hogan said he wasn’t aware he was being recorded. The release of the video, “which is perceived unfavorably by the public,” diminished Hogan’s value, according to the lawsuit.
He also sought a court order to remove materials about the tape from Gawker, and in April Pinellas County Judge Pamela A.M. Campbell issued such an order.
In his ruling, however, Black noted that Hogan discussed the affair in his autobiography, and that the wrestler brought attention to the tape himself by discussing it with media outlets.