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.
Photojournalist Bradley Stuart Allen was charged with felony conspiracy and other offenses for his coverage of an "Occupy" demonstration in Santa Cruz, Calif. The Reporters Committee and National Press Photographers Association argued that newsgathering is constitutionally protected, and courts considering punishments for exercise of that right should weigh the public interest in obtaining information against competing interests. The groups urged the Court to grant Mr.
Elena Kagan has worked on free-speech and free-press issues more than any recent high court nominee, but her writings tend to explore the underpinnings of current doctrines and standards, rather than argue for or against any particular approach. She has also expressed skepticism with how workable the “actual malice” libel standard and a reporter’s privilege are, and whether those standards need to be reworked.
Urging the U.S. Court of Appeals for the Second Circuit to find that plaintiffs including journalists who report internationally have standing to challenge the FISA Amendments Act of 2008, which permits warrantless wiretapping; furthermore, to hold that the Act is unconstitutional.