3- otherwise distributing the video excerpts from the sexual encounter and complementary written report. However, only Gawker Media, LLC, chose to appeal the order the remaining parties are appellees in this proceeding who have made no formal appearance. Daulerio Kate Bennert and Blogwire Hungary Szellemi Alkotast Hasznosito KFT as defendants. Gawker Entertainment, LLC Gawker Technology, LLC Gawker Sales, LLC Nick Denton A.J. Bollea named Gawker Media, LLC Heather Clem Gawker Media Group, Inc. Bollea filed a motion for temporary injunction seeking to enjoin Gawker Media and others not participating in this appeal 1 from publishing and 1 In both the underlying action and in the motion for temporary injunction, Mr. Thereafter and as he did in federal court, Mr. Bollea filed an amended complaint in state circuit court, asserting essentially the same claims that he asserted in federal court.
Bollea voluntarily dismissed the federal action. Bollea otherwise failed to demonstrate that he was entitled to a preliminary injunction under the applicable injunction standard. The court found that the requested preliminary injunction would be an unconstitutional prior restraint under the First Amendment and that notwithstanding the First Amendment issue, Mr. Following a hearing, the federal court issued an order on November 14, 2012, denying the motion for preliminary injunction. Bollea filed a motion for preliminary injunction, seeking to enjoin the named defendants from publishing any portion of or any content from the Sex Tape. Bollea initiated an action in federal court by filing a multicount complaint against Gawker Media and others, asserting claims for invasion of privacy, publication of private facts, violation of the right of publicity, and infliction of emotional distress. Gawker Media maintains that it was not responsible for creating the Sex Tape and that it received a copy of the Sex Tape from an anonymous -2- source for no compensation. Bollea maintains that he never consented to the Sex Tape's release or publication. On or about October 4, 2012, Gawker Media posted a written report about the extramarital affair on its website, including excerpts of the videotaped sexual encounter ("Sex Tape"). Bollea's consent or knowledge, the sexual encounter was videotaped. Bollea engaged in extramarital sexual relations with a woman in her home. Because the temporary injunction is an unconstitutional prior restraint under the First Amendment, we reverse. Bollea is collaterally estopped from seeking the same relief previously sought and decisively denied in federal court, and should the doctrine of collateral estoppel be inapplicable, that such relief is an unconstitutional prior restraint. On appeal, Gawker Media challenges the circuit court's order, asserting that Mr. Bollea's motion for temporary injunction, though it did not articulate the reasons for doing so. Terry Bollea sought to enjoin Gawker Media, LLC, from publishing and otherwise distributing the written report about his extramarital affair that includes video excerpts from the sexual encounter. Houston, Reno, Nevada, for Appellee Terry Gene Bollea. Ramirez of Bajo Cuva Cohen & Turkel, P.A. Harder of Harder Mirell & Abrams LLP Kenneth G. Safier of Levine Sullivan Koch & Schulz, LLP, Washington, DC, for Appellant. Fugate of Thomas & LoCicero PL, Tampa and Seth D. 9.130 from the Circuit Court for Pinellas County Pamela A.M. DAULERIO KATE BENNERT and BLOGWIRE HUNGARY SZELLEMI ALKOTAST HASZNOSITO KFT a/k/a Gawker Media, Appellees. a/k/a Gawker Media GAWKER ENTERTAINMENT, LLC GAWKER TECHNOLOGY, LLC GAWKER SALES, LLC NICK DENTON A.J. TERRY GENE BOLLEA, professionally known as Hulk Hogan HEATHER CLEM GAWKER MEDIA GROUP, INC. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT GAWKER MEDIA, LLC a/k/a Gawker Media, Appellant, v.
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