Hulk Hogan is currently suing Gawker for $100 million, after the influential website posted portions of a sex tape the wrestler allegedly made with Bubba The Love Sponge’s ex-wife Heather Clem. The Hulkster's lawyers filed a preliminary motion demanding Gawker take down the clip while the case unfolds.
But the judge said no dice. More from TMZ:
"But today, a judge refused to order Gawker to do squat -- ruling Hulk failed to prove the website wasn't within its First Amendment rights to post the video in the first place.
Moreover, the judge wrote, "This is an example of where the proverbial 'cat is out of the bag'" ... i.e. everyone on the planet's already seen the tape, so it's too late to protect Hulk's privacy.
That said, the judge could still decide to order Gawker to remove the tape if Hulk were to win the case at the end of the day."
Damn, that sucks for the Hulkster.