Everything online journalists need to protect their legal rights. This free resource culls from all Reporters Committee resources and includes exclusive content on digital media law issues.
Digital Journalist's Legal Guide
California v. Superior Court of California, County of Los Angeles (Raef)
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Photographer Paul Raef was charged with violating California Vehicle Code Section 40008, which provides enhanced penalties to drivers who violate one of the state's reckless driving laws with the intent to capture a visual image or sound recording for a commercial purpose. A trial court judge dismissed the charges in Nov. 2012, concluding that Section 40008 targets First Amendment-protected activity and is not narrowly tailored to serve the government's interest. The appellate division, in response to an appeal by city attorneys, issued an advisory opinion urging the trial court to reconsider its prior ruling, which the trial court judge denied. We urge the appellate division to uphold the Nov. 2012 order by Judge Thomas Rubinson finding Section 40008 overbroad because it penalizes newsgathering activities. We ask the court to recognize Section 40008 for what it is: a duplicative law which establishes heightened penalties to photographers with the intent of capturing images for commercial gain for the exact same conduct proscribed by other portions of the state's vehicle code.