The 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 us... 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 us he will challenge the new law, presumably on grounds that it violates his First Amendment right of freedom of the press.

Kestenbaum is in court right now for Raef's arraignment, where he's expected to plead not guilty.

From TMZ.com

Thumbnail via TMZ.com