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People v. Raef

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  1. Newsgathering
Photographer Paul Raef was prosecuted under California Vehicle Code 40008, basically an anti-paparazzi law that imposes additional penalties on violators…

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. 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 amicus coalition submitted a letter brief to the Court of Appeal, Second Appellate District, Division Four, asking for the court to grant Raef's petition for transfer or, in the alternative, for a writ of mandamus. The court denied Raef's petition for transfer and for writ of mandamus. Raef then asked the California Supreme Court to review his case, and the Reporters Committee is refiling this letter in support.