Amici Briefs Digest, March 2, 2017

FAC has joined, or agreed to join, a number of amicus briefs since December 2016.

FAC Joined Amicus Briefs

Rand v. City of Carson—Amicus brief to the California Supreme Court urging a broader interpretation of the “public interest” component of California’s anti-SLAPP statute.  At least two competing standards have arisen under California law regarding what constitutes  “public interest” — one far too narrow, and the other more broad.  The amicus brief joined by FAC urges the high court to disapprove the former and adopt the latter.

Dual Diagnostic Treatment Center v. Buschel—Amicus letter to the California Supreme Court urging that Court to grant review of a case where we urge a broader interpretation of the “public interest” component of California’s anti-SLAPP statute.  To be submitted soon.

IMDb v. Harris—Amicus brief to the U.S. District Court in San Francisco arguing that a California law enacted in January that purports to bar the publication of the ages of actors producers and others on IMDb violates the First Amendment’s strong protections for the publication of truthful information.  The court on February 22 granted a preliminary injunction preventing enforcement of the law.

Higginbotham v. City of New YorkUrging the Second Circuit to hold that the First Amendment protects the right of the public to film police activity.  Many circuits have so held but not (yet) the Second.

Smith v. City of San JoseFAC joined other free-speech and media organizations in an amicus brief to the California Supreme Court, arguing that the press and public are entitled to emails or texts relating to government business that are sent by government officials on their personal email accounts or phones.  The California Court of Appeal held that such communications are not subject to disclosure under the CPRA.  The Supreme Court heard oral argument in December; a decision should be forthcoming soon.

Rozanski v. Camarillo Health Care District—FAC submitted an amicus letter in this “reverse CPRA” action, urging the Court to hold that the Camarillo Acorn is entitled to voice mails between the former executive director of the Camarillo Health Care District and the district’s former outside counsel.  The voice mails allegedly show collusion between the two to overbill the district to the tune of $450,000.