Search Results for: 54953.5(a) recording – Page 3

Journalists in for rough time covering NATO summit

Despite recent court victories and widespread editorializing in support of journalists covering protests, the Chicago police were busy at the NATO summit roughing up one journalist, arresting a photographer and grabbing cell phones and erasing footage of an encounter. -db From the Reporters Committee for Freedom of the Press, May 21, 2012, by Emily Miller. Full story    

Read More »

Illinois eavesdropping law loses round in federal appeals court

The 7th Circuit U.S. Court of Appeals ruled that Illinois could not enforce their eavesdropping law that makes it illegal to make recordings of police officers in public without their permission. The appeals court wrote, “The Illinois eavesdropping statute restricts far more speech than necessary to protect legitimate privacy interests.” -db From the Chicago Tribune, May 8, 2012, by Ryan Haggerty. Full story    

Read More »

A&A: Video Tapes, Free Speech, and the Brown Act

Video Tapes, Free Speech, and the Brown Act Q: To comply with the Brown Act, our City Council has separate Oral Communication periods; there are periods for Agenda Items, and Non-Agenda City Business. In our past election cycle during the 2-minute Non-Agenda Item Orals a video tape of a candidate was played. Video tapes are allowed to be used by speakers. The City Council is now considering banning any video ad for a City Council

Read More »

California: Capistrano school district refuses to record closed sessions on union negotiations

The Capistrano Unified School District board of trustees on advice of counsel rejected the idea of recording sensitive closed-door negotiations with employee unions. The lawyer said the recording of sessions would chill the discussions and could be used as evidence in lawsuits alleging violations of the Brown Act, the state’s open meeting law. -db From the San Clemente Patch, March 14, 2012, by Penny Arévalo. Full story  

Read More »

A&A: Taping of public charter school meetings curtailed by corporate owners

Q: I am  the parent of a child attending a public charter school. About a year ago when transparency appeared to be an issue, parents started to videotape school board meetings.  Currently two parents videotape the  board meetings using handheld cameras. No disturbance is made. Tapes are not edited and are posted on a Facebook page that is open to all. At a recent  board meeting, the CEO of the corporation that operates the public charter school announced that in

Read More »

A&A: Homeowners Associations Prohibition on Videotaping

Homeowners Associations Prohibition on Videotaping Q: The Board of Directors of my Homeowners Association has passed a new rule (in an open meeting and after a 30 day notice) to prohibit taping of Board Meetings by members of the HOA.  It is not clear whether “The Brown Act” applies in this case.  I do not know how to determine if “The association is (was) created by an elected legislative body in order to exercise authority

Read More »

Police Transparency Sample Letter Police Recordings

Police transparency Sample Letter | Police Recordings Download Police Transparency Guide Sample Letter | Police Recordings Sample Public Records Act request for audio or video recordings of critical incidents under Assembly Bill 748 DateName and title [of the official/agency with custody of the records]Name of AgencyAddress RE: Public Records Act Request Dear ___________,  I am requesting access to records in possession or control of the [insert government entity] pursuant to the California Public Records Act,

Read More »

A&A: When is it okay to videotape a meeting?

Q: I’m a local news stringer. I attended a community meeting. Did I have a legal right to videotape this meeting? Were my rights violated? Or was I in the wrong? A: It is unclear from your email whether the community meeting was a meeting of a legislative body, which would be covered by California’s open meeting law, known as the Brown Act. The Brown Act applies to “legislative bodies,” which include commissions, committees, boards

Read More »

NFL cheerleader wins $11 million libel suit

A gossip website has been hit with an $11 million judgment for libel and slander after posting false accusations about a northern Kentucky teacher who sidelines as a Cincinnati Bengals cheerleader. August 26, 2010 By The Associated Press  LOUISVILLE, Ky. —The judgment against Dirty World Entertainment Recordings, which runs the site Thedirt.com, came yesterday after the site declined to answer a lawsuit brought by Sarah Jones. The high school teacher filed suit after her picture

Read More »

A&A: Interviews with Inmates Can’t Be Recorded

Q: I am producing a documentary about a Pennsylvania radical cult group. As part of the documentary, I would like to film interviews with several cult members who are serving prison sentences for the murder. The PA department of corrections has denied my request, citing a five year old policy barring all recording inside PA state prisons. Any help or advice you could provide would be much appreciated. A: Because of security issues, authorities generally

Read More »

A&A: Does Ohio law allow videotaping of council meetings?

Q: I have a local AM talk radio show in Ohio. Recently, I decided to visit my local council meetings and digitally record them on my computer. This seemed to have made a certain councilman angry. My question is, that I consider the act of recording a public council meeting and then airing portions of them on my show to completely legal. Is this legal? And can I also post these recordings on the internet?

Read More »

A&A: Attempting to access phone call recordings made from jail

A: I want to request a copy of the recordings or transcripts of phone calls placed by an inmate at the County Jail. Are there cases or laws that I can use in my request to argue for releasing this media? [su_button url=”https://firstamendmentcoalition.org/legal-hotline” target=”blank” style=”flat” background=”#23a0f3″ color=”#111010″ size=”5″ wide=”yes” center=”yes” radius=”0″ desc=”Click Here!” class=”div { font-size:x-small; }”]Denied public records? Ask FAC’s free Legal Hotline for help![/su_button] Q: Under the California Public Records Act (“PRA”), public records —

Read More »

States move to exclude 911 recordings from public record

Noting a trend to keep 911 records from the public, Citizen Media Law Project blogger Justin Silverman argues that there is a compelling public interest in allowing access to the records in the interest of shining light on the performance of public safety officers . He says laws can guarantee access and still protect the identity of those deserving privacy. -db Citizen Media Law Project Commentary April 1, 2010 By Justin Silverman When a grizzly

Read More »

Federal appeals court blocks release of video by anti-abortion group

The 9th Circuit backed an injunction against anti-abortion proponents from releasing secret recordings of abortion providers. The anti-abortion group had signed an agreement not to distribute any information from the meeting without consent from the providers, the National Abortion Federation. The court ruled the information was obtained through fraud. The anti-abortion group said the information was newsworthy so they had a right to release the recordings since they contained evidence of crimes.  A federal district

Read More »

A&A: What’s the law regarding destruction of public records?

Q: What section of California law deals with retention and destruction of public records? A: California has several statutes addressing document destruction/retention. With respect to city governments, Government Code Section 34090 requires that the city retain any record that is less than two years old: Unless otherwise provided by law, with the approval of the legislative body by resolution and the written consent of the city attorney, the head of a city department may destroy

Read More »

Police Transparency Legal Compendium

police transparency guide open records Police Transparency Guide Download Police Transparency Guide Police Transparency Legal Compendium – Table of Contents The First Amendment Coalition is an award-winning, nonprofit public interest organization dedicated to advancing free speech, more open and accountable government, and public participation in civic affairs. Police transparency legal compendium Records that Can Be Obtained Under California Penal Code Section 832.7(b) In 2018 the California Legislature enacted S.B. 1421 which amended Penal Code section

Read More »

Opinion: First Amendment protects public’s right to record events in public spaces

Even though a compelling argument can be made for the First Amendment right of journalists, activists and just plain regular citizens to make records of breaking news in public venues, the police have made numerous arrests in these incidents lowering the U.S. rank for freedom of the press.  -db From a commentary for MediaShift, May 14, 2012, by Josh Stearns. Full story    

Read More »

Video record of same-sex marriage trial in dispute

Backers of Proposition 8, the anti same-sex marriage initiative in California, want to restrict use of video recordings of the U.S. District Court trial that ruled the ballot measure unconstitutional. Under a pilot program in the Ninth Circuit, District Court Judge Vaughn Walker permitting video recording during the 12-day trial last year. Walker used an excerpt of the recording in a speech this year at Arizona State University, an action that Prop. 8 backers say

Read More »