Gawker, Scientology and Fair Use

The Church of Scientology requests that Gawker remove a clip of Tom Cruise talking about Scientology for copyright infringement, but Gawker is willing to step up and argue that its use is a fair use for the purposes of news reporting. Church of Scientology Claims Copyright Infringement
The clip in question, Exclusive: The Cruise Indoctrination Video Scientology Tried To Suppress: “if Tom Cruise jumping on Oprah’s couch was an 8 on the scale of scary, this is a 10.”