Ed. note: Please welcome Jenny M. Brandt, who will cover celebrities and the law. You can read her full bio at the end of this post.
Dax Shepard somewhat recently wrote in the Huffington Post of his support of the legislation signed into law in September aimed at curbing paparazzi from aggressively photographing children. Interesting. How could such a law comport with the First Amendment? Though there are several more paparazzi regulations that an organization called the Paparazzi Reform Initiative seek to enact, SB 606 is noteworthy because it was signed into law and because Jennifer Garner and Halle Berry were public supporters — they even testified before California’s Assembly Judiciary Committee in support of the bill.
Although it was previously illegal for a person to intentionally harass a child because of his parent’s employment (really? weird), SB 606 made it so that actually photographing or attempting to photograph a minor without his parent’s consent in a way that “seriously alarms, annoys, torments, or terrorizes” is harassment and punishable in the county jail for up to one year. The new language essentially specifies that if the conduct that seriously alarms the child is photographing him, then it is illegal, thereby implicating the First Amendment….