Photographer Paul Raef was prosecuted under California Vehicle Code 40008, basically an anti-paparazzi law that imposes additional penalties on violators of generally applicable reckless driving laws when those violators are driving with the intent to gather news for commercial purposes. After Raef appealed the Court of Appeals' refusal to hear his case, the California Supreme Court returned the case to the Appellate Court. The Reporters Committee then filed another brief in the case, this time on the merits.
The Reporters Committee and seven other groups argued that the law imposes an additional punishment for driving while being a journalist and threatens the First Amendment right of newsgathering. It punishes both paparazzi and members of the mainstream media who are traveling with the intent of gathering news. The law could be used to harass journalists. The brief pointed to many examples of photojournalists being harassed by the police while exercising their First Amendment right to film, including in Ferguson.