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Cases

FAC, ACLU Oppose Temecula School Board’s Attempt to Throw Out Public Interest Lawsuit

[…] insisted the lawsuit should be dismissed under the state’s anti-SLAPP law. In response, FAC and ACLU’s brief argues that the anti-SLAPP statute does not apply to the governmental act of adopting an official policy, nor is the statute implicated simply because board members’ statements may be relevant to prove discriminatory intent. Even if the […]
- Free Expression
January 18, 2024
Latest News

Cases Press Release

Kern County Superior Court Rescinds Public Access Ban

[…] ones’ criminal proceedings. They were essentially asked to trust that their loved ones were being treated fairly by the criminal legal system, a system that Black and Brown people have legitimate reasons to question. We commend the Court for this important step in ensuring the public has access to proceedings. Secret prosecutions have no […]
- Government Transparency and Accountability
July 15, 2020
Asked and Answered

First Amendment Newsgathering

When Can A Newspaper Publish Documents Meant To Be Private?

[…] consists of leaked internal company documents from a disgruntled ex-employee (a notice of tax lien, e-mails, bill collection notices). This is a private company,not a public or governmental entity, so I have no way of independently acquiring or verifying these same documents. Are we within our rights to use the documents in the story? […]

May 29, 2010
Asked and Answered

First Amendment

Public Filming of TV Show

[…] on public property is legal. A public sidewalk is a "public forum" for purposes of the First Amendment, and any restrictions on expression in such an area must be "narrowly drawn to achieve a compelling state interest." Int’l Soc'y for Krishna Consciousness v. Lee, 505 U.S. 672, 678 (1992). I am not aware of any […]

June 14, 2009
Latest News

Blog Cases

FAC Joins Brief Urging California Supreme Court to Hold That Internet Content Providers Have a Right Under the First Amendment to Defend Speech on Their Websites

[…] the notion that publishers of content—not just the creators of that content—have free speech rights. It also potentially weakens the robust protections provided to online content providers by Section 230 of the Communications Decency Act, 47 U.S.C. section 230. Read the amicus brief in Hassell v. Bird here: FAC Joins Amicus on Hassell v. Bird
- Free Expression
April 20, 2017
Latest News

Advocacy Blog

New state law adds protections for anonymous online speech

[…] filing of trumped-up lawsuits as an excuse to force ISPs to reveal speakers’ identities. Once such a lawsuit is filed, speakers who want to protect their anonymity must find a way to pay a lawyer to go to court and prevent disclosure of their personal information. That can be a real hardship—in fact, even […]
- Free Expression
June 3, 2009
Asked and Answered

First Amendment

Fee to place political campaign signs

[…] communicate their political positions. See City of Ladue v. Gilleo, 512 U.S. 43 (1994). 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.

January 9, 2013
Asked and Answered

First Amendment

Student Speech and the First Amendment

[…] and is punishing her for it. They are saying that she was threatening the teacher because in it she said "someone should throw her into the ocean or fuck her." I know that this must be a clear violation of her first amendment rights but no one she's talked to is willing to support her.

June 14, 2009
Latest News

FAC News Press Release

Clara Hogan Named as FAC’s Communications and Programs Director

[…] Executive Director David Snyder. "Her arrival at FAC, in this era of sharp political division and of threats to transparency and free speech at all levels of government, could not come at a more important time." Hogan received her BA in Journalism from the University of Iowa, where she worked as a reporter for […]

September 13, 2017
Latest News

Cases Press Release

Kern County Superior Court Agrees to Ensure Public Access During Pandemic

[…] contrary to the requirements of the First Amendment," said David Snyder, executive director of the First Amendment Coalition. "Secret court proceedings are anathema to our system of government, and so we are grateful that they once again are open to the people of Kern County." Read the settlement agreement here. Read the June 2020 […]
- Government Transparency and Accountability
January 11, 2021