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Asked & Answered

A&A: Anonymous Columnists

firstamendment June 14, 2009

Anonymous Columnists Q: Does anything in the law compel a newspaper to divulge the identify of a columnist who prefers to remain anonymous? Are Realtors, or persons engaged in the Real Estate business restricted in the opinions they may express about real estate? A: In your inquiry, you pose two questions.  Turning to your first inquiry, as a general matter, a newspaper is not obligated to disclose the identity of a columnist or other contributor

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A&A: Recording Meetings without Informing/Consent

firstamendment June 14, 2009

Q: You recently stated in response to a question that there was no law against an attendee taping a homeowner association meeting without permission.  My question is:  can they do it without informing the Board of Directors or other attendees? A: With respect to taking a homeowner association meeting without permission, the initial question would be whether the Board of Directors of a homeowners’ association is covered by the Brown Act.  I doubt that it

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Media Access to Crime/Disaster Scenes

firstamendment June 14, 2009

Media Access to Crime/Disaster Scenes Q: I am looking for the penal code in California for my right to cross a police line for news photography. Looking for something on a card or small for a print out to carry with my press pass. A: Although I don’t have a wallet-sized version, following are California Penal Code Sections on media access to disaster scenes and avalanches.  I am not aware of any similar statutory authority regarding

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Media Access to Federal Disaster Scenes

firstamendment June 14, 2009

Media Access to Federal Disaster Scenes Q: We have been having difficulty getting access to photographing firefighting efforts on a National Forest within the state for a wildfire.  U.S. Forest Service personnel suggest that California Penal Code 409.5 doesn’t apply to federal employees or federal land.   They also refuse to allow media through road blocks on county roads leading to National Forest, saying that doing so would endanger their firefighters. Are they legally able to

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Public Comment at meetings, Campaigning, and Freedom of Speech

firstamendment June 14, 2009

Public Comment at meetings, Campaigning, and Freedom of Speech Q: May a legislative body prevent members of the public speaking during the public comments agenda item from blatantly campaigning for or against a candidate for that body?  I believe that that type of discussion is “not a matter subject to the body’s jurisdiction.”  I also believe that such comments at such a meeting are not guaranteed under the first amendment.  What say you? A: It

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