The winner could come down to jury selection being conducted this week. Testimony is expected to start Monday.
FoxNews13 reports Gawker's legal team could be looking for jurors who believe the celebrity's private and public life is fair game. Those jurors could be people who read magazines like US Weekly, read Gawker regularly or watch reality TV shows.
On the other hand, Hogan's attorneys will want jurors who embrace privacy, especially regarding what happens in the bedroom.
Hogan is suing Gawker after the gossip site posted a clip from a sex tape involving Hogan and Heather Clem, who was married to radio shock-jock, Bubba the Love Sponge.
"And the question is... is what they reported news worthy? Is it something that has a value to it above and beyond an invasion of privacy? And what they are arguing is 'yes,'" Attorney anthong Rickman stold FoxNews13.
While Bubba gave his consent for the sexual rendezvous, Hogan said he never gave his okay to record it.
Rickman said everyone may expect some salacious testimony.
Bubba will be on the stand and may have to explain why he let his best friend have sex with his wife. As well as why he secretly recorded it.
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