I don't think one needs to necessarily choose a side. I'm of the opinion that what Gawker did is wrong, but surreptitiously funding lawsuits to bankrupt the company is a perversion of the justice system.
The tension between privacy and speech is a discussion that needs to be had. Litigating it in a Pinellas County courtroom is an odd way to go about having that debate.
Thiel has now demonstrated that those with deep enough pockets can now use the courts to exact revenge in a roundabout way. Yes, Gawker is tawdry but one can't help pondering a chilling effect here on more worthy stories. Were I a journalist, I'd certainly think twice now of pursuing an investigative piece that might offend a billionaire, given that my own financial livelihood could become fair game.
Consider the way things were before Thiel showed up. Gawker destroyed lives[1] with impunity because their victims didn't have deep enough pockets to fight back in court. Thiel is just leveling the playing field.
You're free to propose that we outlaw the funding of lawsuits by non-parties, as was done historically (google 'maintenance' and 'champerty' if you want more history on that) but you're going to shut down the ACLU and company when you do so. So it's a matter of which is more important to you, really.
>I'm of the opinion that what Gawker did is wrong, but surreptitiously funding lawsuits to bankrupt the company is a perversion of the justice system?
Why is funding a case related to a cause you support a perversion of the justice system? Every time an article about the EFF funding another lawsuit pops up do you cringe in horror?
I mentioned this to someone else who made the same point (albeit with the ACLU instead of the EFF): Hm, that's an interesting point that I'll have to noodle over. Thanks for pointing it out.
The tension between privacy and speech is a discussion that needs to be had. Litigating it in a Pinellas County courtroom is an odd way to go about having that debate.
Thiel has now demonstrated that those with deep enough pockets can now use the courts to exact revenge in a roundabout way. Yes, Gawker is tawdry but one can't help pondering a chilling effect here on more worthy stories. Were I a journalist, I'd certainly think twice now of pursuing an investigative piece that might offend a billionaire, given that my own financial livelihood could become fair game.