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Justin Bieber

Photog JUSTIFIES

Car Chase

8/9/2012 9:56 AM PDT BY TMZ STAFF
EXCLUSIVE

0809-justin-bieber-bauer-stop-article-4The paparazzo who has been criminally charged with chasing Justin Bieber down the 101 Freeway last month will plead not guilty, claiming it's the same situation as a news reporter rushing to a fire.

Photog Paul Raef's lawyer, David Kestenbaum, tells TMZ ... his client is no different than a traditional news reporter covering a breaking story, and therefore he has a constitutional right to chase it.

Raef is the first person charged under California's new "Paparazzi Law," enhancing the punishment when a photog creates a dangerous situation for profit.

Kestenbaum tells TMZ, Raef will challenge the new law, presumably on grounds that it violates his First Amendment right to freedom of the press.

After today's hearing, David told reporters it's unfair Bieber got off with just a speeding ticket, while his client now faces a reckless driving charge. 

080912_bieber_pap_presser_launch_swipe

update_bar
10:26AM PST:  Kestenbaum just asked the judge to dismiss the charges. The judge has not ruled.  Raef did not enter a plea.

98 COMMENTS

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Previous 15 Comments | 1 | 2 | 3 | 4 | 5
61.

Ravenwolf    

okay let me get this straight in my canuck mind..as a note i cannot stand beiber.
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this pap/lawyer, is trying claim this is no different from rushing to report on a fire per say... that he should be protected under the 1st amendment rights, and should just have a speeding ticket like beiber.
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now my understanding of the amendment is as follows:
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it gives the right of free speach without fear of prosecution... like reporting a government cover-up as an example.
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no where does it say it will protect a pap from being the cause of the "news story".
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he was chasing a just turned 18 years old kid driving a fancy car, who acted in typical kid fashion, and went faster.. while reporting he was being chased, by that pap. that pap instigated the news story by chasing to begin with.
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i agree beiber should have been charged with more than a speeding ticket.. reckless driving definately.
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princess' di's driver was drunk, but they were also being chased by paps, who then took pics of the accident... before reporting it.
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i can see the same thing happing here if paps are allowed to get away with some of their tactics. they aren't just taking pics anymore, they are instigating sitituations, to get better reactions for more "money shots". they throw themselves on cars, or block cars, and in another case caused an accident...a simple fender bender, but what if they had caused harm?
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then there are those who hide in bushes, or ambush, seriously wtf?
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there needs to be a crackdown and a set limit on how close they can get, i think at most 100', afterall that's what telephoto lenses are for.
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he instigated by chasing a teenager, where he's supposedly a responsible adult, time to see that new law in action.

703 days ago
62.

Jenna    

Even so, you're s*** paparazzi. You're not a news reporter, don't compare yourself to one. Chasing a celebrity for a couple pictures isnt the same thing as a news reporter trying to get to a fire.

703 days ago
63.

AlwaysOnTimeB    

Chasing another car down any street or highway isn't the same as a photographer going to the scene of a fire. It isn't safe for any one, not even when the cops do it. What on earth could Justin B be doing that is that earth ****tering. It's urgent that you get to where he's going at the same time so you can see him step out of his car??? WOW!!! Not even close!!! CHARGE HIM!!

703 days ago
64.

coco alfonso    

As an LA resident who has been caught in a pap crush, both Bieber and the Pap should be charged. It's incredibly scary to be caught in that race. I was caught in the middle of a Britney Spears chase when she shaved her head. It's seriously scary. I saw a pedestrian almost run over by these ****s. What gives these people the right to put our lives at risk? **** the celebs and **** the Pap.

703 days ago
65.

voiceofreason    

What and where was the "breaking story?"

703 days ago
66.

jazmeenjoni    

Here's link Ticketfront.com for you guys go on this link and get Justin concert ticket first

703 days ago
67.

Phishie from Philly    

Hey!!!! I know this lawyer David Kestenbaum. He represented Elmer Fud back in the day against Bugs Bunny and lost.
..
Phishie from Philly

702 days ago
68.

Phishie from Philly    

Frisker! Come on, you still don't know what a frisker is? F R I S K E R!!
I bet that lawyer doesn't even know what a frisker is.
..
Phishie from Philly

702 days ago
69.

val    

The Paps could be ex cons, terrorists, criminals, rapists, molestors .. anything .. there are no laws ... GET THE PAPS OFF THE ROAD AND MAKE THEM GET A state LICENSE TO BE IN THE BIZ AND PASS TESTS TO BE RESPONSIBLE... THEY ARE NOT ALL CLEAN BUT BAD AND EVIL AND PREY ON INNOCENTS. oK to be in the business but being responsible and clearly not immoral with criminal pasts .. we must know .. THEY ARE NOT REPORTERS .. I WAS ONCE AND THIS IS NOT WHAT I DID ... TOO MANY BELONG IN PRISON AND SOME MAY HAVE ALREADY BEEN THERE

702 days ago
70.

phyllismc    

Even a reporter rushing to a fire is not allowed to break the law or endanger the citizenry to get to the story. The constitution provides for a free press; it does not provide for the media's right of exclusivity to beat their competitors to the story.

There. State of California's case won.
Photographer's lawyer is either an idiot or desperately grasping at straws.

701 days ago
71.

Dani    

What an @ss clown this lawyer is. What's next, invading a person's body/personal space will be ok for some other lame reason? By twisting words, lawyers think they can justify anything. Hope the courts tell him to stick his lame excuse where the sun don't shine....

699 days ago
72.

munchies    

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692 days ago
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