[Congressional Record Volume 144, Number 67 (Friday, May 22, 1998)]
[Senate]
[Pages S5462-S5463]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  FIGHTING BACK AGAINST THE PAPARAZZI

 Mr. HATCH. Mr. President, I am pleased to join with my 
distinguished colleague, Senator Feinstein, in introducing this 
legislation to combat the efforts of a few overzealous individuals to 
improperly intrude upon other's privacy rights. I am cosponsoring this 
legislation, in large measure, as a tribute to the efforts of 
Congressman Sonny Bono, who brought this issue to the fore. As we all 
know, long before he was elected to Congress, Representative Bono 
achieved celebrity status in the music business and on television. He 
was thus acutely aware, from an early age, of the costs of fame. A cost 
that some, such as rising television star Rebecca Schaeffer, had to pay 
in blood, and others, such as Arnold Schwarzenegger, Steven Spielburg, 
Jodie Foster, David Letterman, and Elizabeth Taylor, to name but a few, 
have had to pay with a loss of privacy and an inability to freely 
mingle in public.
  Unfortunately, certain individuals within the generally responsible 
media corps have forced many of these well-known figures to hide behind 
a veil of high-priced security systems and bodyguards. I know that some 
so-called celebrities have openly questioned whether their fame is 
worth the price of sacrificing their privacy and their ability to live 
normal lives.
  I know, too, that my colleague, Senator Feinstein, was herself once 
the target of a stalker. So I know that this legislation means a great 
deal to her on a personal level. As public figures, whether as actors 
or musicians or yes, even Senators, we must expect a certain amount of 
media attention. Indeed, most of my colleagues on the Hill relish such 
attention--particularly in election years! Press coverage--some of it 
favorable, some of it not so favorable--is all a part of the system. 
Indeed, it is an important part of our democratic system. So important 
that the Constitution's framers bestowed upon us the First Amendment 
protections of free speech and press. And lest we condemn those who 
have followed recent infamous criminal trials too closely, I would note 
that the Sixth Amendment guarantees the right to a public trial. The 
glare of the spotlight is an unavoidable, and in most cases, laudable, 
feature of a free democratic-republic.
  Unfortunately, just as the right to swing one's fist may end at 
another man's nose, the right to aim one's camera at another person's 
face may end where that person has a reasonable expectation of privacy. 
Undoubtedly, the privacy expectations of public figures are 
considerably different from that of private individuals. That is a 
reality that all who walk in the glare of the camera come to expect and 
learn, for the most part, to deal with. But when the media become too 
intrusive, or cross lines of general decency or responsibility, 
something must be done.
  It is one thing for the media to attend a press conference where I 
introduce this legislation--it is quite another thing, however, for the 
media to follow me home and train their cameras on my windows. I know, 
for example, that Arnold Schwarzenegger and Maria Shriver did not 
appreciate the attempts of some in the media, shortly after Mr. 
Schwarzenegger had been released from the hospital after undergoing 
open heart surgery, to stop their van on the street as they were taking 
their children to school, in an attempt to get photographs. I don't 
think any of us here would appreciate it if someone tried to harass our 
spouses or fathers or mothers as they left the hospital after having 
had major surgery. Public figure or not, some things simply cross the 
bounds of responsible journalism or media coverage.
  I think the recent death of Princess Diana focused efforts to deal 
with an overly intrusive media--even if it is unclear whether the media 
had anything to do with that tragedy. In fact, some people overreacted 
to that horrible event, pointing fingers at the press before the facts 
were established. Regardless of the media's role in that accident, the 
mere fact that people recognized that she had long been harassed by an 
overly aggressive media, and that it was not such a stretch to believe 
that the paparazzi could have played a role in her tragic death, 
demonstrates the seriousness of this problem.
  In the wake of Princess Diana's death, Representative Bono and 
Senator Feinstein began a tireless crusade to see Federal legislation 
enacted to protect people from the so-called stalkarazzi. We are now 
witnessing the fruits of their efforts--I only wish that Representative 
Bono had been here to see this legislation introduced.

[[Page S5463]]

  I want to say to Senator Feinstein that I commend her for advocating 
this legislation. Indeed, I am ready to roll up my sleeves and work 
with her to address this problem. I am committed to moving this 
legislation through the Judiciary Committee. At the same time, however, 
we must take care to craft legislation that will be respectful of our 
First Amendment rights and of any federalism concerns. In fact, I hope 
the States will view this bill, as it is refined in committee, as a 
model for adopting similar reforms. And I am confident that we will be 
able to strike a reasonable balance between the press' First Amendment 
rights to seek information about public figures and the right of those 
individuals to their reasonable expectations of privacy. After all, we 
must take care that the solution to this admitted problem does not 
trample on important rights. With these concerns in mind, I intend to 
work with Senator Feinstein to ensure that we have the best legislation 
possible. We hope to hold hearings to identify the extent of these 
problems and to determine how best to combat attempts by some 
overzealous members of the media in their efforts to profit by 
intruding on others' privacy. I believe that this legislation is an 
important first step in that process.

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