So things are heating up in Malibu. Would love to hear anyones thoughts on this. Do you feel it violates the Paparazzi’s First Amendment rights? Check out this excerpt from the Malibu Times.
Angie Lee Cobbs
Legislation in the works
Regarding the effort to draft legislation to protect Malibu residents, City Council member Jefferson Wagner said the idea of instituting some sort of business licensing requirement for paparazzi to photograph in Malibu has been discussed.
“The paparazzi sell photos, that is commerce,” he said. “What they are doing is commerce on the beach.”
State law requires that anyone photographing for commercial purposes on state or public land, whether for compensation or not, must file for a permit, as well as provide a certificate of insurance. However, “breaking news” coverage is protected by the First Amendment to the U.S. Constitution, and does not require a permit.
Wagner suggested if legislation is rephrased so that paparazzi are required to file for a permit to shoot, then they “will all line up … [and] at least we’ll know who they are, so we will have legal recourse if they violate laws.”
Monday morning Malibu Mayor Pamela Conley-Ulich issued an official press release on the subject: “Any new ordinance must be in harmony with the First Amendment free speech rights, which are so important. I am hopeful we can develop and implement an effective strategy that will address outstanding public safety concerns and balance those concerns against protected First Amendment activities and commercial activities.”
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