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Archive | Asked & Answered

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 […]

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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 […]

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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.”  […]

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