Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Does California's Paparazzi Law Violate First Amendment or Not?
Author: Scarinci Hollenbeck, LLC
Date: September 27, 2013
Key Contacts
Back
Many celebrities, athletes, and public figures are accustomed to being followed and photographed by the paparazzi, but when it comes to their children, many of these people have called for a “hands-off” rule.
Many states currently allow photographers to snap images of celebrities’ children when they’re in a public setting, but a new law in California prohibiting this activity is calling First Amendment rights into question.
California Gov. Jerry Brown enacted a new law that bars members of the paparazzi from “harassing” children of public figures. This includes speaking to or touching children of famous individuals, which may now result in fines of up to $10,000 and up to a year in prison. Parents will also be permitted to bring a civil action against violators to seek damages and attorneys’ fees.
Many celebrities – including Halle Berry and Jennifer Garner – support the legislation and recently gave testimony about the emotional trauma and fear that shouting crowds of photographers have had on their young children. In addition, they argued that photographers should be banned from taking photographs of and publishing photos of minors without parental consent.
In addition to celebrities, the law is also geared toward helping children of people who serve in high-profile positions – such as lawmakers, police officers, and judges – who also face harassment.
However, media organizations are in staunch opposition to the new entertainment law, which they argue blocks legitimate news gathering. Proponents of the law responded by that First Amendment rights are not in jeopardy, because the law seeks to govern the conduct and activity of photographers, but does not prohibit them from taking pictures.
The First Amendment has historically been used by the paparazzi to shield them from litigation, but a recent string of lawsuits filed against overly aggressive photographers could be a game-changer. Photographers have been accused of blocking celebrities from navigating the roads safely, getting too physically close to snap a photograph and prying on private property. As the number of lawsuits against the paparazzi builds, many are wondering how it will impact First Amendment rights.
- Industries: Entertainment & Media
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
Why Every Business Should Conduct an Annual Insurance Coverage Review
Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]
Author: George McGowan
Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)
Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]
Author: George McGowan
How to Effectively Use Contracts to Manage Risk
Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]
Author: George McGowan
Understanding Portability for Estate and Gift Tax
Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Author: Marc J. Comer
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool
For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]
Author: Marc J. Comer
How Can Trusts Be Used in Business Succession?
For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]
Author: George McGowan
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.