In a 26 page filing, Gawker claimed that Hogan's lawsuit "fails to state a claim upon which relief can be granted because (a) defendantsâ€™ 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."
Noting that Hogan has acquired a copyright on the tape, Gawker stated, "With respect to plaintiffâ€™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 attorneysâ€™ fees."
Gawker also cited 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 tortious activity in Florida that would support the exercise of this Courtâ€™s jurisdiction over them."
Gawker is asking the entire lawsuit be dismissed.
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