Or so determined the federal judge who denied the wrestling star's petition for a temporary restraining order that would have required the website to take the 1-minute, 40-second snippet of Hogan and Heather Clem, ex-wife of Florida radio shock jock Bubba the Love Sponge, down immediately.
"Upon consideration, Plaintiff has failed to show that immediate and irreparable injury, loss or damage will result before Defendants can be heard in opposition," wrote U.S. District Court Judge James D. Whittemore.
Instead, a hearing on Hogan's request for an injunction has been scheduled for Nov. 8, and Gawker's legal camp has to file its response by Nov. 2.
Hogan sued Gawker Media and, in a separate filing, Bubba (real name Todd Alan Clem) and Clem for invasion of privacy, publication of private facts, violation of Florida common law on right of publicity and both intentional and negligent infliction of emotional distress.
An attorney for Bubba has called his client the victim in this case, saying he doesn't know how friend can turn against friend like that.
"The reality is that these guys shouldn't be fighting each other," the lawyer told E! News. "They should be fighting the person who stole it, released it and those who broadcast it."
—Reporting by Baker Machado