Dax Shepard and Lawyer Floyd Abrams Dig Into Hulk Hogan Sex Tape and Privacy: ‘It Wasn’t On the Street!’

First amendment lawyer Floyd Abrams and Dax Shepard broke down the legalities of the Hulk Hogan sex tape during a recent interview.

Abrams, the father of Mediaite founder Dan Abrams, was a guest on Thursday’s episode of Armchair Expert to promote his new First Amendment podcast Speaking Freely.

As the conversation rounded the topic of privacy, Shepard said, “ok, here’s where we are going to disagree. I think. Which is going to be great.”

“Exciting,” said co-host Monica Padman.

“I’m sure you’re familiar with Hulk Hogan’s sex tape got out. Gawker published it, there was a huge court case. It’s worth mentioning that Peter Thiel funded the Hulk Hogan, defense of him,” Shepard said. “If I understand what the freedom of the press is for, which is to challenge the government and to regulate the government and to keep it from being totalitarian.”

“Do we think Hulk Hogan having sex with somebody in a room, not knowing he’s being filmed — is that the right of the press? Like, I don’t know what purpose that serves to protect us. I agree with the fact that he won that personally,” Shepard said. “If I go to your house and you’ve wired up your bathroom, it’s not news to put me going to the bathroom out illegally.”

Abrams responded “What I mind most about the case is that the effect of it is to drive a magazine out of business and that’s what happened. Hulk Hogan is not exactly the most attractive candidate saying ‘I want privacy’. But there is and was a strong privacy argument mounted in general and specifically about having sex. It wasn’t on the street!”

“Yes!” Padman agreed.

Adams continued, “there were some facts in that case which allowed sort of ‘you’ve asked for it’ argument. Putting aside the special facts of the case. What the case really winds up to being for us is how do we reconcile claims of privacy and a more generalized but critically important right to publish. The Bill of Rights doesn’t talk about privacy.”

“Is search and seizure not in there?” Shepard asked.

“But that’s going to someone’s house,” said Adams. “This is a privacy claim.”

“Do you think the right verdict was reached in that case?” Shepard asked.

“I’m gonna pass,” Abrams responded jokingly.

“You’re allowed to pass!” Padman said.

“No, I shouldn’t be here if I’m not ready to answer. Will you except an answer of ‘I really get it’,” Abrams said.

“I gotcha — I like that!” Shepard responded.

Listen above via Armchair Expert with Dax Shepard.