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Asked and Answered

First Amendment

How can Ebay censor my listing to sell Confederate Flag belt buckles?

[…] Listing Hello ... After reviewing your eBay account, it appears that you have violated eBay's Discrimination in a Listing policy. As a result, we've taken the following actions on your account:– Selling privileges have been temporarily restricted. You won't be able to list new items for 3 days. You're also not allowed to register […]

October 14, 2015
Events

Inside The Fight For Public Records

[…] and former newspaper staff members Shiloh Johnston, Li Khan, Lylah Schmedel-Permanna, and Leo Premnath-Ray, along with journalism instructor and adviser Eleni Economides Gastis. FAC Staff The open- government experts of the First Amendment Coalition will provide a tutorial on how to get started with your own records requests and give an overview of free […]
January 31, 2024
Asked and Answered

CPRA School Records

Are School Yearbooks Public Records?

The California Public Records Act ("PRA") provides that public records are presumptively open to the public, unless exempt from disclosure under the PRA. Government Code section 6254(k) exempts from disclosure "records the disclosure of which is exempted or prohibited pursuant to federal or state law." Section 49076 of the California Education Code specifically prohibits […]

June 14, 2009
Latest News

FAC News Press Release

Leading Constitutional Law Scholar Erwin Chemerinsky Joins FAC Board

[…] look forward to his leadership and vision, as well as his unparalleled knowledge, insight and acumen, as we tackle threats to free speech, a free press and government transparency." Chemerinsky joins a 23-member board composed of working and retired journalists, lawyers, publishers and community leaders. ABOUT FAC The First Amendment Coalition is a nonprofit […]

May 7, 2020
Asked and Answered

First Amendment Social Media

School District dictatorial about student use of social media, texting

[…] to write to the school administrators reminding them of the students’ First Amendment rights. Bryan Cave 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.

June 15, 2015
Asked and Answered

Can A Public Record Be Copyrighted?

[…] your attorneys consider it. Bryan Cave 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. No attorney-client relationship has been formed by way of this response.

April 4, 2018
Asked and Answered

CPRA

Required to pay research fee for building permit search

[…] 25 cents per page, but I guess copying fee of that amount is borderline legitimate. They have been charging this since at least 1995. I personally know at least 25 people who paid that fee over the years. I wonder if class action would be an appropriate and feasible remedy in this case. Please advise.

March 5, 2012
Asked and Answered

Court Records

How Can LA County Superior Court’s Website Charge a Non-Refundable Fee to Search the Database?

[…] actual documents other than in person. It seems like they may be overcharging based on the costs of maintaining records and supplying them for free to other government agencies. Has anyone ever requested statement of costs from the court. It seems particularly egregious to charge such a fee when the only other option to […]

April 21, 2022
Latest News

Blog Cases

Latest FAC suit secures release of Sonoma County Superbowl Contract

[…] Host Committee for the Super Bowl—- contained so many trade secrets that it couldn’t be released in redacted form. We were skeptical that a contract involving a government agency, and providing opportunities for tourism promotion, could be chock full of the kind of sensitive business and financial information constituting "trade secrets." Now that the […]
- Government Transparency and Accountability
- Public Records
March 9, 2016
Asked and Answered

First Amendment

Do US firms working abroad uphold the First Amendment?

[…] in the U.S. that an application of U.S. law was somehow appropriate. It might also be worth noting that, generally speaking, the First Amendment imposes restrictions on governmental entities.Sometimes the actions of private entities can implicate individuals' First Amendment rights, but it is a bit unusual to speak in terms of the government prosecuting […]

October 12, 2010