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Asked and Answered

CPRA School Records

Suspension and Expulsion Records

[…] records are presumptively open to the public, absent an express provision to the contrary. Two provisions of the PRA that might apply to student disciplinary records are Government Code Section 6254(c), which exempts from disclosure "ersonnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy," and Section […]

June 14, 2009
Asked and Answered

First Amendment

Is It Illegal for a Congressional Candidate to Block Political Opponents from Their Twitter Feed?

[…] not been extensively litigated, so the state of the law is still in flux. Preliminarily, however, I can tell you that the First Amendment only protects against government incursions on speech. That is, for the First Amendment to be implicated, you have to show that the person curtailing speech was acting under the "color […]

May 23, 2020
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Planned Giving Legacy Society

Like your everyday actions, your charitable gifts have an impact on others. Perhaps you have considered a charitable legacy to continue your philanthropy beyond your lifetime, to have your family remembered, and your philanthropy is woven into the lives of others. With a legacy gift, you can. We invite you to make your philanthropy […]

July 26, 2024
Asked and Answered

CPRA

Charged a fee for viewing documents? Is that legal?

[…] attorneys' fees are available should you be required to take court action. Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.

May 4, 2011
Asked and Answered

CPRA

Are There National Security Exemptions Under CPRA?

I am a policy advocate working on a bill that would strengthen the California Public Records Act as it relates to government contracts and tax incentive programs. Recently, we have heard that there are concerns around national security when it comes to this bill. Thus, my question is--are there any existing national security protections […]

September 15, 2021
Latest News

Blog

How FAC Fights for Police Transparency

Democracy depends on accountability. Transparency is the oxygen of accountability. That is why California law requires access to government records unless they fall within specific exceptions from disclosure. The public has a special interest in disclosure about law enforcement. As the California Legislature has declared, officers are vested with "extraordinary authority — the powers […]
- Government Transparency and Accountability
- Public Records
August 9, 2023
Asked and Answered

Brown Act

School Boards, Closed Sessions, and Student Files

[…] advance notice of its intent to discuss any part of the matter in closed session. As long as the item was adequately described on the agenda, the Brown Act requires the school district to disclose, in the open meeting, "the item or items to be discussed in the closed session." Cal. Gov. Code Sec. […]

June 14, 2009
Latest News

Blog

Can a journalist “plead the fifth” to avoid having to name a confidential source? A federal judge say yes.

[…] to testify about his source. U.S. District Judge Robert Cleland, declining to enforce the subpoena, ruled in November that Ashenfelter could not be compelled to reveal his government sources because doing so would subject him to a risk of criminal prosecution. The fifth amendment defense is not a substitute for a strong federal shield […]
- Press Freedom
December 16, 2013
Asked and Answered

CPRA

Is A Public Agency Required to Disclose Names of Board Member Applicants?

[…] turn operation of the hospital over to a nonprofit corporation, which will consist of hospital district directors, the chief of the medical staff, and three appointees. The hospital board is in the process of picking the appointees. It also must fill a vacancy left by a resignation of one of the elected district hospital board.

February 23, 2018
Latest News

FAC News Press Release

Mel Opotowsky, 1931-2024

[…] few thousand dollars to what it is today: a robust and growing organization with a professional staff that shapes public policy, fights important court battles on open- government and First Amendment issues, and trains and educates journalists and others across the state. Mel, a journalist his entire working life, was still plying his trade […]

April 26, 2024