UCLA Entertainment Law Review

In 2014 the California legislature passed into law updates to two parts of the state’s civil code aimed at protecting the privacy rights of all residents, notably celebrities. Two sections of the state’s civil code were amended to place limits on how the paparazzi can intrude on celebrities’ lives. Section 1708.8 provides protection for anyone’s privacy. Section 1708.7 limits harassment activities of anyone—including paparazzi—who stalks victims. This article analyzes both laws from a First Amendment perspective. It argues that several of the laws’ restrictions on the press regarding invasion of privacy and harassment are constitutional. Yet, the specific provisions aimed at the pub­lication rights of the media are content-based restrictions and presumptively unconstitutional. The article also argues that the state legislature and courts need to clarify 1708.7’s anti-harassment provisions for clarity.