firstamendment

Media Access to Federal Disaster Scenes

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

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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Audio Recording, Meetings

Audio Recording, Meetings Q: Is it legal in California for a homeowner to secretly tape a HOA meeting. What rights do I have as a homeowner when I find that I have unknowingly been taped of my comments as a homeowner at a monthly HOA meeting? Does any homeowner have the right to tape without disclosure? Does the Board have the right to negate the use of audio recordings? A: Although I cannot advise you

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A&A: School Boards, Closed Sessions, and Student Files

Q: I have learned that our school board viewed files of a student in closed session. I learned that the file contains information about the student’s behavior. My further question is: Is there something in law that allows the board to meet in closed session when reviewing such materials? They regularly meet in closed session to deal with student expulsions. A: For the purposes of responding to your question, we assume that the school district

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Potential Eavesdropping, Amplifying Speakerphone

Potential Eavesdropping, Amplifying Speakerphone Q: Does Penal Code section 632 (a) include a speakerphone conversation in the definition of “electronic amplifying”? I use speakerphone while working on the computer, however none of my conversations are considered confidential. A: I believe you want to know whether listening to another’s conversation amplified through a speakerphone could be the basis for a violation of Penal Code Section 632(a).  The answer would depend on the particular facts of the

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