Is Driving with the Intent to Gather News a Crime? The Chilling Effects of California’s Anti-Paparazzi Legislation

While celebrities may have a love-hate relationship with the photographers who give them red carpet publicity but also pursue shots of their most intimate moments, the California Legislature has little use for the paparazzi. The 2010 anti-paparazzi bill is the most recent in a string of legislative attempts to curb aggressive paparazzi. Assembly Bill 2479 makes two major changes. The first change penalizes those who capture images or audio recordings by false imprisonment, targeting paparazzi who swarm celebrities and prevent them from moving or driving freely.

The second change enhances penalties for reckless driving if one has an intent to photograph or record. This Article examines the constitutionality of California’s most recent anti-paparazzi law, concluding that Assembly Bill 2479, like California’s prior anti-paparazzi laws, needlessly modifies existing law at the expense of the First Amend-ment guarantee of a free press.