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Tobacco industry tries again to block graphic labels on cigarette packs with First Amendment argument

donal brown September 15, 2011

The tobacco industry is chafing over the Food and Drug Administration’s mandate for graphic labels on cigarette packages, showing rotting teeth, gums, blackened lungs and the like. The industry is suing in federal court with the argument that the government is forcing them to present the government’s own anti-smoking message, a violation of the First Amendment. The problem with the industry’s stand is that they already lost that argument in federal court. -db From a

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Federal appeals decision busts privacy exemption for Freedom of Information Act requests

donal brown September 15, 2011

The Internet era has eroded a Supreme Court decision (Department of Justice v. Reporters’ Committee) allowing governments to deny rap sheets requested under the Freedom of Information Act. Now it is possible to tap into a national database provided by the federal courts to obtain the information. In an opinion a federal judge has even acknowledged the possibility of using the national database, a sure indication that that privacy exemption has been seriously weakened. -db

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A&A: Request for police surveillance records met with 90-day delay

FAC September 15, 2011

Q: Our watchdog organization submitted a PRA request on three months ago for copies of audio and visual surveillance recordings made during a political demonstration. Within 10 days we received a response saying that we would get all ”releasable” items within 90 days. I have twice called, and left messages for the officer who responded to this request, with no response from him. Simply, 90 days being much more than the time allowed by law,

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Milwaukee judge denies free speech argument for daily honking outside governor’s house

donal brown September 14, 2011

A state parole agent lost his First Amendment bid to continue his daily honking as he drives by the house of Wisconsin Governor Scott Walker. A Milwaukee county judge could not find any precedent for ruling in his favor. The agent still drives by the house but now with his horn muted while shouting “Recall Walker.”  -db From the Chicago Tribune, September 13, 2011. Full story

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A&A: Am I allowed to make my own copies instead of paying the agency fees?

FAC September 14, 2011

Q: A local government agency has allowed me to inspect public records per a PRA request, but refuses to allow me to make copies at my own expense. Instead they maintain the position that my rights end at inspection and I would need to pay them to make any copies. Are you aware of any case(s) or statute(s) which support this position? A: With respect to copies, the Public Records Act, at Govt. Code section

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