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donal brown

Whistleblowing an endangered species: Workplace free speech takes another hit

donal brown February 14, 2011

The 2nd Circuit federal appeals court ruled against a custodian who claimed he was fired for warning his superiors that a a mass that had fallen onto the gym floor might be asbestos and constitute a public safety concern. The court said the speech fell under his duties as custodian and the U.S. Supreme Court’s decision Garcetti v. Ceballos and therefore not protected under the First Amendment. From the First Amendment Center, February 14, 2011,

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California appeals court upholds order requiring juror to release his online postings

donal brown February 14, 2011

After a jury foreman wrote on Facebook during the trial of alleged gang members that the proceedings were boring, defense attorneys issued subpoenas to Facebook and the foreman for the postings. The judge ordered the foreman to authorize Facebook to release the postings. That order was upheld by the appeals court without comment. -db From The Reporters Committee for Freedom of the Press, February 11, 2011, by Rachel Costello with additional reporting by Lyndsey Wajert.

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Philadelphia: Tour guides’ free speech lawsuit stalls in federal appeals court

donal brown February 13, 2011

The 3rd Circuit federal appeals court ruled a free speech lawsuit brought by tour guides against the city of Philadelphia was premature since the ordinance in question had not been enforced as yet and the city lacked the funds to enforce it. The ordinance required tour guides to pass a history and geography test before they could be a guide. -db From Courthouse News Service, February 8, 2011, by Chris Fry. Full Story

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California: Dunsmuir sued again, this time for alleged open meeting violations

donal brown February 13, 2011

A former mayor of Dunsmuir is alleging there was a violation of California’s open meeting law, the Brown Act, by the city and several council members. The allegation centers on the claim that three council members were present at a meeting of Citizens for a Better Dunsmuir at which they discussed how to pay attorneys for a previous suit against the city. Experts differ over whether that constituted a Brown Act violation. -db From the Mount

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Sneaky transfer of redevelopment money exposed in Los Angeles

donal brown February 13, 2011

A community activist has filed a complaint with the Los Angeles District Attorney alleging that in its haste to protect redevelopment money under siege by Governor Jerry Brown’s proposed budget cuts, the Los Angeles Community Redevelopment Agency (CRA) failed to comply with California’s open meeting law, the Brown Act. The activist followed the complaint with a letter asking the CRA for a “cure and correct” action that put an end to the agency’s intent to

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