They claimed: "Plaintiff fails to state a claim upon which relief can be granted because (a) defendants' 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 his causes of action."
They also say that Hogan cannot claim his privacy was violated since he was a "well known celebrity" cheating on his then-wife with the then-wife of his then-best friend, with his friend's permission, outside of Hogan's home. They also said that since Hogan has written and talked about the issues publicly, including his second autobiography, it was a matter of public concern and he had no right to expect privacy.
Gawker's motion doesn't cover Heather Clem's status as a defendant. Hogan merged separate lawsuits into one and said that Clem was responsible for filming him and either selling the tape herself or through a third party.