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First Amendment Coalition

Veteran First Amendment Lawyer Glen A. Smith Named FAC’s First Legal Fellow

Veteran First Amendment Lawyer Named FAC’s First Legal Fellow

Glen A. Smith, a lawyer with more than 30 years of experience in 1st Amendment and media law, appointed as the inaugural FAC Legal Fellow. [Read More ]

FAC Urges Court to Protect Journalists Who Publish Sensitive Information

FAC filed a “friend of court” brief urging that the court reverse a ruling that jeopardiazes importatn First Amendment protections. [Read More]

FAC Files Suit For Sexual Harassment, Misconduct Records

Suit Against the County of San Diego to Force the Disclosure of Records

The District Attorney admits to having records relating to at least six instances of alleged sexual harassment and/or misconduct dating back to 2013. [Read More]

First Amendment News

Opinion /Coalition News/1st Amendment News/Asked & Answered

On Access
Opinion from Executive Director David Snyder

The Press Goes Full Donner Party

BY DAVID SNYDER—As 2018 slouches onward, an already embattled news media has found itself ever more isolated and mistrusted. Just one depressing frame from the lowlight reel: according to a recent poll by Axios, nearly all Republicans (93%), and a majority of Democrats (53%), believe traditional news outlets knowingly report… ∞

The Hannity Reveal Was Huge News — But Everyone Missed The Most Important Point

BY DAVID SNYDER — When a federal judge ordered President Donald Trump’s personal attorney, Michael Cohen, to disclose in open court the fact that he considers Fox News host Sean Hannity a client, the Trump Era outrage-industrial complex shifted into high gear. Seeing evidence of some nefarious Deep State plot… ∞

The Tyranny of the Minority: A Post-Charlottesville Theory of the First Amendment

BY DAVID SNYDER—The framers of the U.S. Constitution understood the protections of the First Amendment to be a bulwark against the “tyranny of the majority” — a shield to protect those with unpopular views against oppression by a popularly elected majority. President Donald Trump has turned this concept on its… ∞

First Amendment News
Headlines from Across the Country

Private prison company incarcerating immigrants threatens defamation lawsuit

A private prison company is lashing out at a Florida protest group for its opposition to the company for profiting by its government contracts to lock up undocumented immigrants. The GEO Group claims the Dream Defenders had made defamatory statements, interfered with its government contracts, disrupted its operations and encouraged… ∞

Professor makes case for access to FISC proceedings

A Georgetown professor filed a Foreign Intelligence Surveillance Court (FISC) brief arguing that the public should not have to bring a Freedom of Information Act lawsuit to pry documents from the FISC. There should instead be a presumption of public access. the public should be able to monitor the FISC,… ∞

Free speech and law enforcement: Battle still on over nonviolent threats against police officers

The Fifth Circuit U.S. Court of Appeals found a Lousiana law criminalizing threats against public officials was an unconstitutional restriction on free speech rights. Police officers had arrested two men for threats to get them fired. "To be sure, it [the Louisiana law] covers a large swath of unprotected speech,"… ∞

Coalition News
FAC News & Initiatives

FAC Urges Ninth Circuit to Protect Journalists Who Publish Sensitive Government Information

The First Amendment Coalition (FAC) on Friday filed a “friend of court” brief in the Ninth Circuit Court of Appeals, urging that court to reverse a federal district court ruling that jeopardizes important First Amendment protections for journalists who publish sensitive or classified government information. The lower court dismissed claims… ∞

FAC Sues San Diego District Attorney’s Office for Sexual Harassment, Misconduct Records

The First Amendment Coalition (FAC) today filed suit against the county of San Diego to force the disclosure of records relating to allegations of sexual misconduct against its District Attorney’s Office. (You can read the filed petition below.) The office has refused to release the records, which clearly must be disclosed… ∞

Veteran First Amendment Lawyer Glen A. Smith Named FAC’s First Legal Fellow

The First Amendment Coalition is pleased to announce the appointment of Glen A. Smith, a lawyer with more than 30 years of experience in First Amendment and media law, as the inaugural FAC Legal Fellow. Smith comes to FAC with a deep and widely varied background in media litigation, including… ∞

Asked & Answered
Questions Answered by FAC Lawyers

A&A: PRA Requested Documents Withheld Due to “Attorney-Client Privilige”

Q: Cal Fire claims to have released all documents related to a request with the exception of “documents that are protected by attorney-client privilege.” Is there a way to find out what was redacted/withheld? A: It appears that Cal Fire invoked the attorney-client privilege exemption in order to withhold the documents. In general, California law […]

A&A: Is Artist’s Conviction for Pornographic Drawings Legal?

Q: I draw, from my imagination, pornographic scenes that I sometimes distribute to consenting adults. I have been convicted for possessing pornography for having these drawings. Is my conviction legal? A: Visual arts and entertainment constitute protected forms of expression under the First Amendment. See White v. City of Sparks, 500 F.3d 953 (9th Cir. 2007); Ward v. Rock […]

A&A: Charged as “disorderly person” for asserting my right to free speech by yelling at protesters

Q: I was recently charged as a “disorderly person” after yelling out of my car window, “get off my lawn you fucking faggots,” as I passed people engaged in a protest. Is what I said protected by the First Amendment? A: Speech that insults someone because of race, gender or sexual orientation is understood in general parlance as “hate speech.” […]

Legal Hotline

The Legal Hotline gives users quick, free access to FAC’s lawyers for questions about access to public records; your right to attend government meetings; access to court documents and proceedings; and first amendment protections for freedom of speech and freedom of the press.

Asked & Answered

A searchable database of questions posed by users like you about their rights under public records laws, open government laws, and first amendment safeguards that have been answered by FAC’s attorneys.

Access to Records

FAC’s incomparable resources for using California and federal to obtain public records, including FAC’s CPRA Primer; the text of the CPRA, and a template for a CPRA request letter for use in requesting public records

Access to Meetings

Links to all of FAC’S resources for California’s open-meetings law, the Brown Act, including our Brown Act Primer on how the law works; the text of the The Ralph M. Brown Act, and a sample “Cure & Correct” demand letter to report a violation of the law.

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