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Lawmakers have suggested a wide range of possibilities to curtail paparazzi activity in the Los Angeles area, such as “requiring all ‘celebrity photographers’ to file for a permit, . . . taxing revenues generated from the photos,” and, most controversially, creating floating “buffer zones” or “personal safety zones” around celebrities.

At first glance, the cities’ proposed anti-paparazzi regulations seem like a rational solution to the aggressive tabloid photographers.  But when lawmakers attempt to draft anti-paparazzi ordinances, the First Amendment creates a substantial roadblock.  In order to illustrate this problem, this author attempts to draft an ordinance based on existing First Amendment jurisprudence, and concludes that an ordinance that is narrowly tailored to comply with the Constitution invariably will not remedy the cities’ alleged paparazzi problems.

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