FAC

Q: A vendor is refusing to fulfill an order of artwork that parodies Trump because it includes the Twitter logo. Is the use of the Twitter logo for political parody protected by the First Amendment? If not how best should I proceed in persuading the vendor to print the artwork? A:  The scenario you describe raises an important intersection of trademark law and First Amendment protections.  Neither area of law lends itself to black-and-white answers,

Q: The police department is refusing to release the arrest report I’ve requested. Do they have to release the report under CPRA? A: The police department might be refusing to disclose the arrest report on the ground that it is a law enforcement investigatory record exempt from disclosure under the Public Records Act, Gov’t Code § 6254(f).  However, police are required to release certain information related to arrests, unless the disclosure of such information “would endanger

Q: While investigating a story in Florida I requested a contract. Unfortunately, the copy I was given was heavily redacted including the financial information for the project that is of public interest, what should I do? A: It appears that Florida’s statute, Fla. Stat. section 119, governs access to public records. Here is a link: You might want to first review this statute to see what it says about exemptions and redactions (see Section 119.07(d),

Q:  I honked my vehicle’s horn at a police officer not paying attention when a red stop light turned green. How does one’s right to free speech apply in this case? A:  California has a vehicle code provision that prohibits the use of horns other than by “the driver of a motor vehicle when reasonably necessary to insure safe operation.” Cal. Veh. Code § 27001 (West).  If using your horn was reasonable necessary for safety reasons, your

Q: Does a court, judge and/or legal research attorney need to comply with a CPRA request? How can citizens format a CPRA request to view or obtain access to ALL records: electronic files, emails and texts from all devices? Should separate requests be filed for state & county agency?  Is there a clean format to avoid delays? A: Adjudicative court records, i.e., those that are filed for use in court proceedings, are presumptively open to the