A&A: Can a records request be denied in California over fear of the public being misinformed?
Q: Are there any California Public Records Act cases that allow or disallow the withholding of records under CA Gov. Code Section 6255, based on the danger of the public being misinformed by the disclosure? A: We are unaware of any cases holding that a danger of misleading the public is valid grounds for withholding a record. As you know, the “catch-all” exemption of § 6255 only applies if the agency can demonstrate that “on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.” Cal. Gov.