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Asked and Answered

FOIA

Making a FOIA request to the Dept. of Homeland Security

[…] Coalition: http://www.nfoic.org/states The FOIA Project (Transactional Records Action Clearinghouse): http://foiaproject.org Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition 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.

July 11, 2011
Asked and Answered

CPRA

City council candidates’ website URLs have been excluded from the city website

[…] would constitute endorsement, though it is possible that there is some legal basis for this concern.From the perspective of our core expertise -- First Amendment and open government issues -- the question might be whether some legal principle requires the city council to do so.Though a state or local agency would likely be required […]

October 11, 2011
Asked and Answered

CPRA Police Records

Police deny journalist’s request for suicide report

[…] current address of the victim of a crime, where the requester declares under penalty of perjury that the request is made for a scholarly, journalistic, political, or governmental purpose, or that the request is made for investigation purposes by a licensed private investigator as described in Chapter 11.3 (commencing with Section 7512) of Division […]

April 2, 2010
Latest News

FAC News Press Release

Former FAC Executive Director Peter Scheer Awarded Society of Professional Journalists Career Achievement Prize

[…] in which FAC brought a number of groundbreaking cases to preserve and expand the public’s right to know. His work led to the disclosure of countless once-secret government records, including the management fees paid by CALPERS, California’s public-employee retirement system, to private equity and hedge funds; memos by the United States Department of Justice […]

February 22, 2017
Asked and Answered

First Amendment Protest Rights

Each year police place greater limitations on my annual protest

The issue of to what extent the government may limit a request for a protest permit requires a complicated an highly contextual analysis that is unfortunately beyond the scope of the services offered by this hotline. As a very general matter, the government can impose reasonable and content-neutral time, place and matter restrictions on […]

October 18, 2013
Asked and Answered

CPRA Police Records

Obtaining investigative files

[…] unlikely that the police agency will release, or allow you to see, the surveillance video they have confiscated in connection with their investigation about the fatal shooting.California Government Code section 6254 of the California Public Records Act exempts certain categories of public records from disclosure, including certain law enforcement information. Specifically, California Government Code […]

June 14, 2009
Asked and Answered

CPRA

Are Voter Information and Other Records Requests Public Records?

[…] for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State." Govt. Code Section 2194(a)(3). Section 2188 of the Government Code sets forth the requirements for applications to obtain […]

June 14, 2009
Latest News

FAC News Press Release

FAC Welcomes David Loy as Legal Director

[…] has defended the First Amendment rights of reporters, photographers, bloggers, students, teachers, activists, protesters, musicians, Marines, and motorcycle club members. He has fought for public disclosure and governmental transparency for over 20 years. He joins FAC from the ACLU Foundation of San Diego & Imperial Counties, where he served as legal director for nearly […]

February 16, 2022
Asked and Answered

CPRA

Tape recording closed sessions

[…] should be aware that if you make such a recording, a member of the public may argue that it is a "public record" under the Public Records Act. Thus it may be subject to a request that it be disclosed and/or copied under the Public Records Act. You and/or the School District may be […]

June 14, 2009
Asked and Answered

CPRA

Does CA have a public records ombudsman?

[…] is not fulfilling its statutory duties under the Public Records Act. In situations such as yours, I usually recommend writing back to the agency, reminding it that Government Code § 6253(c) requires a written response within 10 days of receipt of the request (and perhaps noting that this date – January 15 – has already come […]

February 21, 2015