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
The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities
On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]
Author: Dan Brecher
Common Legal Mistakes NYC and New Jersey Business Owners Make
Operating a business in the New Jersey and New York City metropolitan region offers incredible opportunities, but it also requires navigating a dense and highly regulated legal environment. From entity formation to regulatory compliance, seemingly minor legal oversights can expose business owners to significant risk. In our work with businesses throughout the region, our attorneys […]
Author: Dan Brecher
What Founders Can Learn From Start-up Suits
High-profile founder litigation is more than just a media spectacle. For startup founders, these cases underscore the legal and structural risks that can arise when rapid growth outpaces formal oversight. While launching a new company can be both an exciting and deeply rewarding endeavor, founders must be mindful that it also comes with significant risks. […]
Author: Dan Brecher
Corporate Governance Reviews: A Practical Guide for New Jersey Companies
Every New Jersey company should periodically evaluate its governance framework. Strong corporate governance protects directors and officers, builds investor confidence, reduces litigation exposure, and positions a company for sustainable growth. The first quarter of the year is a great time to evaluate your corporate governance practices and perform any routine maintenance needed to keep that […]
Author: Ken Hollenbeck
What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights
Being served with a lawsuit is one of the most stressful legal events a business or individual can face. Whether the claim involves a contract dispute, an employment matter, an intellectual property issue, or another legal challenge, the actions you take in the first few days can significantly shape the outcome of your case. Acting […]
Author: Robert E. Levy
Will 2026 Be a Banner Year for SPACs? Understanding the Risks and Opportunities
Special Purpose Acquisition Companies (SPACs) continue to gain momentum as we move through 2026. After enduring a significant contraction following the 2021 boom and the regulatory scrutiny that followed, SPAC activity rebounded sharply in 2025 and now carries forward into 2026 with real momentum. The SPAC resurgence reflects broader improvements in both market conditions and the […]
Author: Dan Brecher
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.