Ron Galella & the 1st Amendment

Prior to the intrusive, aggressive paparazzi of today, there was Ron Galella, a photographer who made history. Smash His Camera is a documentary about the life and career of Ron Galella, the man who fundamentally gave birth to the stalking methods of today’s paparazzi. Galella cultivated fame in the 1970s and 1980s. For over ten years he set his sights on Jacqueline Kennedy Onassis, although he also photographed any other celebrity he could find.

Galella has a list of dos and don’ts for students in the art of paparazzi. His first rule is to sneak in. He also advises photographers to dress the part, know where the kitchen is as that is an easy access point, forge credentials, and shoot fast. He enjoyed capturing surprised expressions of his subjects.

The ironic circumstance is he can get away this, simply because he is shooting celebrity figures; the legal term is public figures. When shooting a citizen who is not a public figure, a photographer should always obtain a signed release. Whether it is for location, property, or person, this release gives the photographer the permission to use these photographs as they see fit with regards to reproduction, publication, printing and distribution.

A model release being the most common, and it is executed by anyone over the age of 18. Or in rare cases, the person, signing the release could be deemed to be a legal guardian if the subjects considered not capable of executing a release.(John Harrington; Best Business Practices For Photographers, Pg. 344)

Failure to get these signed releases can result in a messy law suit. however, what if you are a paparazzi photographer and the public figure you are chasing down feels you are stalking them? Well, in all reality, you are. So how do you deal with this? How does the 1st Amendment address this? First let's look into the details of Ron Gallella's case:

Ron Galella vs. Jacqueline Kennedy Onassis

“I do not have any guilt,” he says about what he has done through the years. Yet he was in a famous court battle with Jacqueline Kennedy Onassis. Galella followed Jackie and her kids all around New York City. Jackie once asked her bodyguards to “smash his camera.” Galella sued Jackie O who counter-sued Galella. The First Amendment rights were on the table as personal privacy went up against freedom of the press and free speech. Jackie’s attorney’s argued that Galella’s tactics worried Mrs. Onassis and frightened her two young children, who were under the age of 18, therefore still under the protection of the Secret Service. (Prime Time TV, Francine Brokaw, May 30, 2010)

It would appear that Jackie O feels she is not a public figure and should have the same 1st Amendment protection as any other citizen, but this is not the case. She is a high profile public figure (especially at the time of this case) and has to accept that she will be a highly desired subject to photograph.
Ron Galella ran into a similar situation from Marlon Brando.  While walking down the street with Dick Cavett, after a taping of a 1973 show, they were met face to face with Ron's camera. After several dozen images, and a few blocks, Marlon became irritated and literally cold coked Ron and broke his jaw. Yes, they went to court, but as Ron says, "It was never about the money" he just wanted celebrities to understand, they are public figures making their daily life a desired community to the photographic community.
So, the next time you are shooting on a public street and Mathew McConaughey walks in front of your lens, SNAP AWAY. you are protected under the 1st Amendment to do so, just be smart and don't piss him off, or you may be looking at a trip to the E.R. or worse, dental surgery.