Amicus Presents: Legal Wars

Podcast: Amicus With Dahlia Lithwick | Law, justice, and the courts
Host: Slate Podcasts
Date: October 22, 2018
Episode: Preview of “Legal Wars” by Wondery

Overview: Main Theme

This episode of Amicus features a preview of Wondery’s new podcast, Legal Wars, hosted by Hill Harper. The preview introduces the dramatic, real-life case of Hulk Hogan vs. Gawker Media—a groundbreaking legal battle over a leaked celebrity sex tape that posed weighty questions about privacy, press freedom, and the limits of the First Amendment.

Key Discussion Points & Insights

Introduction to Legal Wars

Dahlia Lithwick (00:00):
- Sets the stage by referencing high-profile cases that have captured national attention.
- Promotes Legal Wars as a show uncovering the stories behind America’s most influential court cases.
- Hypes upcoming episodes: Rodney King trial, Anna Nicole Smith’s inheritance battle, and the Gawker sex tape scandal.

The Hulk Hogan Sex Tape Scandal

Dramatic Re-enactment (01:24–02:10):
- Vividly recreates the events in the tape at the center of the lawsuit, highlighting the scandalous nature and personal invasions involved.
- Details included:
  - Depiction of the infamous bedroom scene.
  - AJ Delario (Gawker’s editor-in-chief) receives and reviews the unedited Hulk Hogan sex tape.
  - Immediate editorial reaction and decision-making.
AJ Delario’s Editorial Process (02:20–03:10):
- Describes Delario’s excitement and calculated approach to selecting the most “newsworthy” one-minute-forty-one-second excerpt to publish.
- Context about Gawker’s notorious history of publishing private, explicit material.
  
  “This is what Gawker does. This is what AJ Delerio does. But this post is different. This post will threaten Gawker’s very existence.”
  — Narrator/Hill Harper (03:10)
Aftermath of the Post (03:25):
- The published excerpt racks up 7 million views.
- Signals that this instance would become a turning point, risking the whole Gawker Media empire.

Enter Hill Harper & Legal Commentary

Hill Harper Introduces Himself and the Show (03:30):
- Outlines his background (actor, best-selling author, Harvard Law School graduate).
- Explains that the podcast will dig into influential cases, emphasizing the “real world impact” of high-profile litigation.
- Promises not just legal intricacies but also the larger cultural and societal stakes.
  
  “One of the first things I learned in law school was that a lot of the time, it’s not really the law that leads to one side or another winning. Oftentimes it’s the arguments, the location, and stuff going on outside the courtroom.”
  — Hill Harper (04:15)
Case Selection and Series Outline (04:35):
- Announces that the first series will focus on Hulk Hogan vs. Gawker.
- Notes that, while sensational, the case is “more than just a fight over a sex tape”—it is fundamentally about the First Amendment and the scope of press freedom.

The Lawsuits and the Stakes

Hogan’s Legal Action (05:00):
- Vividly sets the scene at the federal courthouse in Tampa, Florida, crowded with press for the headline-grabbing event.
- Hulk Hogan’s imposing presence described:
  - “6 foot 7, 300 pounds… black bandana, mirrored Oakleys, platinum blonde handlebar mustache…”
Attorney’s Statement (06:05):
- Charles Harder, Hogan’s attorney, reads official statements:
  - Two lawsuits filed:
    1. Against Heather Clem and Bubba the Love Sponge for secretly recording Hogan.
    2. Against Gawker Media for posting the excerpted video “for the purpose of obtaining financial profit at the expense of Mr. Hogan and in violation of his rights of privacy.”
  - Hogan seeking $100 million in damages.
  “Mr. Hogan had no knowledge that he was being videotaped. He did not consent to the taping because he didn’t know about it and he would never have permitted it.”
  — Charles Harder (06:45)
Media Response (07:15):
- Lawyers move Hogan away before he can answer press questions.
- Emphasizes the unprecedented scope of the case:
  - “Hulk Hogan is not the first celebrity to sue over a leaked sex tape, but his suit against Gawker will be the biggest, most expensive celebrity sex tape case.”

Notable Quotes & Memorable Moments

Dahlia Lithwick on the stakes:

“There are a handful of cases every once in a while that have just riveted the nation, grabbed headlines, and made a serious impact on the entire society.”
(00:10)
Hill Harper on legal realities:

“Oftentimes it’s the arguments, the location, and stuff going on outside the courtroom.”
(04:15)
AJ Delario’s editorial glee:

“It’s the best gift a reporter like Delario could ever hope for. After all, AJ’s claim to fame up until now is being the one to publish star pics of quarterback Brett Favre’s penis on Gawker’s sports gossip site, Deadspin.”
(02:35)
Charles Harder on hidden taping:

“Mr. Hogan had no knowledge that he was being videotaped. He did not consent to the taping because he didn’t know about it and he would never have permitted it.”
(06:45)

Timestamps for Important Segments

00:00 – Dahlia Lithwick introduces the episode and the premise of Legal Wars
01:24 – Dramatic re-enactment and context around the Hulk Hogan tape
03:30 – Hill Harper introduces himself and the mission of the podcast
05:00 – Press conference at the Tampa federal courthouse
06:05 – Official statement from Hogan’s attorney, Charles Harder

Tone and Style

The episode preview maintains a dramatic, vivid, and occasionally irreverent tone reflecting both the sensational subject matter and the edgy reputation of Gawker Media.
The narration, particularly by Hill Harper, is engaging, informative, and accessible, blending legal analysis with narrative storytelling flair.

Summary

This Amicus episode offers an engrossing preview of Legal Wars, spotlighting one of the most significant and controversial privacy versus press freedom battles in recent history. Through dramatization, legal context, and colorful character sketches, listeners get an inside look at not just the sex tape scandal, but the wider implications for the First Amendment, the media landscape, and the American concept of privacy.

Transcript

A (0:00)

Hi, this is Dalia and if you're listening to this podcast, you probably care an awful lot about litigation and court cases and the law. And there are a handful of cases every once in a while that have just riveted the nation, grabbed headlines and made a serious impact on the entire society. And I want to tell you about a new podcast from Wondery called Legal Wars. The host of the show, Hill Harper, will give you a behind the scenes look at some of the most famous cases ever to have graced America's courtrooms. You're going to hear about influential cases that provoked international attention, the Rodney King trial that sparked the riots in la, Anna Nicole Smith's battle for her inheritance, and the takedown of the gossip site Gawker. You're about to hear a preview of Legal wars in which you are going to meet host Hill Harper and hear the start of the case that went on to become the biggest, most exciting, expensive celebrity sex tape scandal. To see the inside of a courtroom and that really put issues of press freedom in America under the microscope. While you're listening, go subscribe to Legal wars on Apple Podcasts or wherever you're listening right now. There's also a link in the episode Notes that will take you there. It's a really fun show. I think you're going to love it. Have a listen.

B (1:24)

This episode contains scenes of a sexual nature. In the middle of a candlelit bedroom is a large four poster bed. There are two people on the bed, a man and a woman. The woman is naked. The man is not her husband, but her husband is in the other room. He calls into the man and woman. All right, listen, you guys do your thing. I'll be in the office if you need me. And shuts the door. We just did it earlier today. Who? You and Bubba? The man is in his 50s and is in good shape. He strips down. Even in the dim light of the bedroom, his white tan lines shine out. Phone rings. The man checks the caller id. He hits ignore, puts his phone back on the desk and turns back to the woman on the bed. AJ Delario stares at a freeze frame on his computer screen. A broad grin spreads over his face. He laughs. Sometimes life is just too good. Delerio is the editor in chief of Gawker.com, and he just got quite a scoop in the Mail anonymously, the full, unedited version of the rumored Hulk Hogan sex tape that's been in the news for months. Now he's staring at a frozen image of Hulk Hogan's manhood It's the best gift a reporter like Delario could ever hope for. After all, AJ's claim to fame up until now as being the one to publish star pics of quarterback Brett Favre's penis on Gawker's sports gossip site, Deadspin. AJ picks up the phone to call his editor. It's AJ. I got something. I need an edit ASAP. Uh, what is it? You'll see. It's about 30 minutes, but I'm looking for just the highlights. Maybe a minute or two tops. Dude, what is it? It's. It's the Hulk Hogan Sex Tape. On October 4, 2012, AJ Delario publishes his post on Gawker.com, in even for a Minute. Watching Hulk Hogan have sex in a canopy bed is not safe for work. But watch it anyway. An excerpt from the tape, with a running time of 1 minute 41 seconds, is accompanied by Delerio's thoughtful musings on the banality of celebrity sex. Her fellatio is successful and Hulkamania is about to run wild on her. But then his cell phone rings. He checks it because he thinks it might be his son Nick. The ringtone on Hulk Hogan's phone is a song by his daughter Brooke Hogan called About Us featuring Paul Wall. He is a proud father. The post gets 7 million views. A success by any metric. This is what Gawker does. This is what AJ Delerio does. But this post is different. This post will threaten Gawker's very existence. From Wondery I'm Hill Harper and this is Legal Wars. Most people know me as an actor or best selling authority, but I'm also a Harvard Law School graduate and interesting legal cases have always fascinated me. Each week on Legal wars, we'll bring you one of the many influential cases that have riveted the nation over the years. We'll take you inside the courtroom drama, meet the larger than life characters and look at the real world impact these cases had on our society. We'll dive into cases as different from one another as the World Trade center insurance case, Anna Nicole Smith's battle for her inheritance, and and the Rodney King trial that set off the LA riots. One of the first things I learned in law school was that a lot of the time it's not really the law that leads to one side or another winning. Oftentimes it's the arguments, the location and stuff going on outside the courtroom. Today we're starting with a three episode series on the grudge match between the world's most famous Wrestler and New York's most infamous gossip blog, Hulk Hogan vs Gawker Media. On the surface, it's a story with all the makings of a bad movie plot gone wrong. A sex tape, a best friend's wife, a gossip reporter, and a third act that would shock the legal world. Except this story. It's all true. But this is more than just a fight over a sex tape. It's a fight over the First Amendment itself. This is episode one. Yeah, brother. It's October 15, 2012, in Tampa, Florida. Just another day at the United States Courthouse. Palm trees sway in the hot summer breeze. Nearby strip clubs about to open their doors for the lunchtime crowd. But today, a crowd of reporters has gathered together to cover a press conference, one that promises the kinds of juicy headlines that lead local news. A trio of men emerged from a car. Two are in suits and one. Well, he doesn't look like anyone else in the crowd, or pretty much anyone in any crowd. He's 6 foot 7, 300 pounds and Spirit Sports a black bandana, mirrored Oakleys, and a platinum blonde handlebar mustache that gives him a perpetual frown. His biceps strained through the seams of his black T shirt. It's Hulk Hogan. The Hulk the Hulkster. Reality TV star and WWF World champion wrestler. The Hulk stands so silently behind the two suits. His attorneys. One of the attorneys, Charles Harder, steps up to the mic. His voice is thin and reedy and filled with confidence. Hulk Hogan filed two lawsuits today in Tampa, Florida. The first lawsuit was filed in the Florida State Court. It was filed against Heather Clem and her ex husband, Todd Allen Clem, also known as Bubba the Love Sponge. To the reporter's credit, no one titters hearing the name Bubba the Love Sponge, read in a serious tone by a lawyer in a designer suit. The allegations in that lawsuit state that approximately six years ago, the Clems secretly videotaped Hogan having private consensual intimate relations in a private bedroom. Mr. Hogan had no knowledge that he was being videotaped. He did not consent to the taping because he didn't know about it and he would never have permitted it. But it's the second law that will grab the headlines. That day was filed against Gawker Media and its related entities and individuals, it alleges. The defendants posted excerpts at the video site of their website, gawker.com for the purpose of obtaining financial profit at the expense of of Mr. Hogan and in violation of his rights of privacy. They're seeking damages to the tune of $100 million. But the reporters want to hear from the man himself. Mr. Hogan, you said you didn't know your no further comments. Please respect the man's privacy. Thank you. Hogan shuffles away with his entourage, flanked by the two lawyers. The journalists will have to wait. Hulk Hogan is not the first celebrity to sue over a leaked sex tape, but his suit against Gawker will be the biggest, most expensive celebrity sex tape case. To see the inside of a courtroom that was just a preview of Legal Wars. To hear the rest of this episode, subscribe to Legal wars on Apple Podcasts. Wherever you listen to podcasts or find a link in the episode Notes.