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Asked and Answered

CPRA

Can An Agency Charge Fees for Inspecting Public Records?

I am inquiring whether agencies can charge you to inspect emails or get copies of emails based on Government Code section 6253.9(b)? Are they allowed to use rule of cost to construct a record, and the cost of programming and computer services necessary to produce a copy of the record, for the charging of […]

February 26, 2018
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Blog FAC News

FAC Seeks Nominations for 2014 Free Speech & Open Government Award

The First Amendment Coalition is soliciting nominees for the FAC Free Speech & Open Government Award, given each year for performance of exemplary work in the arena of open government. Qualifications for the award are outstanding accomplishment, service or other contributions to "the people’s right to know" about government. The winner could be a […]

October 9, 2014
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Blog Cases

Score one big victory for access to government data

In a long-running test case about government transparency and public access to government data, the First Amendment Coalition recently won a big victory. The California Supreme Court sustained FAC's claim that the State Bar—an arm of the judiciary that regulates lawyers—must disclose extensive data on applicants for admission to the Bar (minus their names […]
- Government Transparency and Accountability
- Public Records
December 20, 2013
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Cases Press Release

Victory in the Ninth Circuit for FAC and for Government Transparency

[…] of drone strikes to kill American citizens abroad. In a unanimous ruling, a three-judge panel of the Ninth Circuit held that FAC is entitled to have the government pay FAC’s attorneys’ fees for its five-year legal battle with DOJ over the release of the so-called Drone Memos. "The Ninth Circuit’s decision is a vindication […]
- Government Transparency and Accountability
- Public Records
August 25, 2017
Latest News

Press Release

FAC Forces Disclosure of CA Gov. Brown’s Request to Pardon Former State Sen. Wright

Nearly 300 pages of previously secret documents became public yesterday after the First Amendment Coalition (FAC) filed a motion to unseal records regarding Gov. Jerry Brown’s effort to pardon former state Sen. Rod Wright. Thedocuments—some still heavily redacted—had been originally filed under seal as part of a flawed, longstanding practice in which all papers […]
- Public Records
January 4, 2019
Asked and Answered

CPRA

Can I go to small claims to appeal a denial of my CPRA request?

[…] no administrative appeal process for someone whose request for records was denied under CPRA, and that litigation is the only recourse. Given that, could I feasibly go to small claims for relief in equity to appeal the denial and get my records? Just to clarify, does that also hold true for the Information Pr actices Act?

August 13, 2013
Asked and Answered

CPRA Police Records

Is law enforcement body camera footage a public record?

[…] which means, presumptively, body camera footage would be subject to disclosure unless some other exemption applies. In California, however, police investigatory records are exempt from disclosure under Government Code § 6254(f). Thus, to the extent that the requested footage has become part of a police investigation, then it likely would be exempt from disclosure under the […]

January 19, 2015
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Cases Press Release

Obama acts on FAC petition against China’s “Great Firewall”

October 19, 2011---The Obama administration on Wednesday said that, using World Trade Organization rules, it was calling on the government of China to answer detailed questions about its censorship of the internet--in particular, the blocking of websites of US-based businesses seeking to tap the vast Chinese consumer market. The announcement, which grows out of […]
- Government Transparency and Accountability
October 20, 2011
Asked and Answered

First Amendment

Do trade publications have same speech protections as other journalists?

[…] motivation for the speech.Bolger v. Youngs Drug Products, Corp., 463 U.S. 60, 66-67 (1983). In Central Hudson, the Court articulated a four-part test for determining whether the government may regulate commercial speech, which involves: (1) a determination of whether the advertising is false or deceptive, (2) whether there is a substantial governmental interest in […]

September 28, 2011
Asked and Answered

CPRA FOIA

Construction inspectors’ addresses omitted from CPRA response

[…] is almost the same as the standard contained in the Public Record Act's catch-all exemption). Moreover, courts have found that the when the information pertains to a governmental employee or contractor, the more authority the governmental actor has, the more reduced is his or her expectation of privacy, and the less "unwarranted" a disclosure […]

July 18, 2013