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donal brown

California open government roundup: Records of professor’s alleged plagiarism can be disclosed

donal brown January 21, 2023

A California court of appeals found that UC Irvine can release records under the California Public Records Act pertaining to alleged plagiarism in articles submitted to various academic journals. The assistant professor submitting the articles filed an injunction to prevent release. (Reason, January 14, 2023, by Eugene Volokh) The Los Angeles City Council voted to allow an option for city officials to hold remote meetings. That arrangement would require an amendment to the Brown Act,

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Florida courts tussling with constitutionality of new protest law

donal brown January 17, 2023

The 11th Circuit U.S. Court of Appeals is seeking the help of the Florida Supreme Court in deciding when protests turn into rioting under the Combating Public Disorder Act. The appeals court wants some clarification before deciding if the law violates the First Amendment. (Miami New Times, January 11, 2023, by Naomi Feinstein) Backed by Florida Governor Ron DeSantis, the law stimulated that a person is guilty of rioting if one “willfully participates in a

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Michigan electors suing imposters

donal brown January 17, 2023

Three Michigan Electoral College voters sued electors pretending to be official. The true electors maintained in the suit that they were caused stress and anguish “by having their legitimacy questioned and “their integrity falsely and publicly denigrated.” (MLive, January 13, 2023, by Ben Orner) The lawsuit further alleged that the defendants violated Michigan law attempting obstruction of electors in exercising their duties and committed election law forgery. The electors seek $25,000 in damages. (Michigan Advance,

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Supreme Court to take up ‘true threat’ case

donal brown January 17, 2023

The Supreme Court will take up the case of Billy Counterman who claims that his internet messages to a woman were not intended to be genuine threats and thereby protected by the First Amendment. Intend is key, but some lower courts ruled that prosecutors only have to establish that a “reasonable person” would consider the messages as threats. (NBC News, January 13, 2023, by Lawrence Hurley) Counterman is seeking to vacate his conviction of stalking

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Prior restraint on Pennsylvania reporter abandoned

donal brown January 15, 2023

Pennsylvania’s Exeter Township halted proceedings against reporter Jerry Geleff a month after a county court granted them an order blocking the reporter from writing about an investigation into allegations of sexual harassment against a town official. The RCFP intervened to challenge the court order. (Reporters Committee for Freedom of the Press, January 12, 2023) For related FAC coverage, click here, here and here.

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