FAC

FAC leads Amicus brief urging CA Supreme Ct to require public access in commitment hearings

When a county tries to commit a person, against his will, to a psychiatric facility, may that judicial proceeding–which involves lawyers, a judge and a jury trial—be held behind closed doors, with no access at all for the press and public? A California appellate court recently held that such proceedings not only may be secret, but must be secret. The First Amendment Coalition has organized an amicus brief urging the Supreme Court to review the

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A&A: Rights threatened by trade associations for voicing opposition to bill they favor

Q: At the CA Legislature, I introduced myself as a member of of two realtor associations before speaking out in opposition to a bill under discussion. The associations are in favor of the measure, which is in direct violation of our mission statement to protect private property rights. The CEO of one group sent me a threatening letter saying that I was not authorized to speak for either organization; that I may not make those

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A&A: No oversight when councilmembers compile emails in response to record requests

Q: Is it a violation of the Public Records Act for public officials to compile potentially incriminating electronic documents on their own, in response to PRA requests, with no actual oversight? I just learned that when a Public Records Act request is submitted to the City Manager of my hometown, for potentially incriminating electronic documents of a City Council member, the City Manager requests that the City Council member compile the requested documents on their

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A&A: Surveillance of email, IP address, and subpoenas

Q: I understand the local police can subpoena your email and IP address without a judge. Is there anyway to know if the police are doing this to a person? Can a person find this out? A: Because public records laws tend to exempt records related to law enforcement investigations, it could be difficult to determine whether a law enforcement entity has sought or obtained records from your communications providers, especially if the agency has a

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A&A: Board member sent out email supporting project coming up for a board vote

Q: The School Board is trying to accuse one trustee of a Brown Act violation because he sent out an email in support of a project they were going to be voting on in the near future. The email went to all trustees as well. None of them responded and no discussion was made back and forth with this email. We do not think it is a violation, but need to know from an expert.

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