Remember that Hulk Hogan sex tape? Well, a Florida’s 2nd District Court of Appeal sided with Gawker and removed the temporary order banning the website from posting the video online according to the Tampa Bay Times.

The website posted parts of the video and a pretty good write up of the whole video and Hogan sued the website, initially winning round one back in April 2013 by getting the ban order in place.

Gawker wasn’t happy about it and appealed the decision and the court noted that under the First Amendment, there are only narrow circumstances in which someone can be ordered in advance not to publish something. The court also said that because of the publicity the sex tape receive, partly “exacerbated” by Hulk himself, the excerpts on the website and the accompanying report where a matter of a public concern.

The sex tape features Hogan and Bubba “The Love” Sponge’s ex-wife Heather Clem and was leaked to the media by Bubba’s team as payback for the radio host.