We have limits on speech when it comes to private information. Should "free speech" allow gawker to publish a private citizen's sex tape? There is no "in the public interest" argument to apply here.
Hence cheating on his wife was news, the public should have been informed, and unlike that fappening this wasnt stolen.
A news organization should not have the right to publish a sex tape to establish dubious morality. It also should not have the right to publish Hogan taking a straining shit if he appeared previously in a hemorrhoid commercial.
There are standards in civilized society.