Hogan's lawyer David Houston told ABC News, "This is an incredible invasion of Mr. Bollea's privacy. The video was taken without his knowledge and or consent."

Still, Gawker argues that the tape was newsworthy and thus protected by the First Amendment.

"We are defending the First Amendment against Hulk Hogan's effort to create a world where celebrities can promote themselves around any topic, in this case sex, and then veto how the media covers their lives," the website said in a statement to ABC News. "Hulk Hogan bragged about his sex life for years [and] denied this particular sexual encounter."