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  • Latest News

    Cases

    Amici Briefs Digest – Sept. 2018

    […] thus less protected under the First Amendment. The amicus brief argues that the answer is "no," and that, thus, the anti-SLAPP statute applies. Higginbotham v. City of New York—This amicus brief, filed in the Second Circuit U.S. Court of Appeals by the National Press Photographers’ Association, argued that an action for First Amendment retaliatory […]

    September 20, 2018

  • Latest News

    Blog

    AG Holder, in speech, describes al-Awlaki “lethal targeting” memo that is the subject of recent FAC suit

    […] developed in a classified Department of Justice memo that is the subject of a First Amendment Coalition (FAC) lawsuit. The memo concerns al Qaeda operative al-Awlaki, a New Mexico-born American citizen who was killed in a US drone strike in Yemen in September 2010. FAC's suit, filed last month seeks release of the al-Awlaki […]

    March 16, 2012

  • Asked and Answered

    Brown Act First Amendment

    Does Brown Act Permit City Council’s New Rules of Decorum?

    The mayor of our city proposed for new Rules of Decorum in light of recent community unrest and the public wanting to express community concerns and distrust in the city officials and business. 1. Can the rules dictate what a community member wants to speak on during regular general public comment? (non agenda items […]

    May 21, 2018

  • Asked and Answered

    Brown Act First Amendment

    New rules by city council restrict free speech

    […] you from making any other comments during that council meeting. He may then have the speaker removed from the meeting. If the person refuses to leave or returns they may be charged with a misdemeanor offense. I would appreciate your thoughts on the new ordinance and if you think it violates any first amendment rights.

    December 11, 2014

  • Asked and Answered

    CPRA

    Can I access emails of city employees using personal emails for city business?

    Our newspaper made an public records request for "all emails to and from city employees" regarding a new parking meter system the city is using.  Our intention is to see whether employees have written emails stating that the system is not working properly. In response, the city attorney exempted an unspecified number of emails […]

    November 17, 2011

  • Asked and Answered

    CPRA

    Can I access attorney’s retainer agreement and invoices via the Public Records Act?

    […] and received no response. In reviewing the board's packet, I noticed another payment for a "consultant," so I sent my former PRA request again and added the new item. Hearing nothing again, I inquired; the secretary said she had been sick. At the board meeting last week, she said she would scan the requested […]

    July 2, 2015

  • Asked and Answered

    First Amendment

    How can I access records on decisions regarding promotions and tenure at UC?

    […] denial of support for a prominent University of California professor by his department's promotion and tenure committee. I wish to obtain all documents related to this decision. Two questions: 1. Can I obtain them using FOIA? 2. Do I address the FOIA to the University of California's department of medicine? Or to the Regents of the […]

    July 3, 2015

  • Asked and Answered

    Brown Act First Amendment

    Is limiting a school board trustee’s comments legal?

    I'm a public school district trustee and the board has tried to limit my comments during the meetings by preventing me from responding to Public Comments made during the "public comment period."  I often will wish to express my agreement with the comment made or ask a follow-up question. Is the board violating my first […]

    March 27, 2010

  • Asked and Answered

    CPRA

    When Does Copyright Apply to Public Records?

    […] in San Francisco. And I have a question regarding copyright protections and public records in California. We wrote a story regarding a local VIP's  plans for a new home. The municipality allowed us to view the architectural renderings of the home in the city offices. But they said we could not make copies of […]

    May 23, 2018

  • Asked and Answered

    Brown Act CPRA

    The mayor refused to let me make a public comment without identifying myself

    Before filing a Brown Act violation against the mayor for denying me the opportunity to speakon an item before the city council because I refused to identify myself before making a public comment.  I would like to get an opinion from your organization on my complaint and the city's response.

    August 26, 2010