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Advocacy Blog Cases

Four Open-Government Battles We Are Fighting and Why They Matter

Even from the perspective of the happy warriors here at FAC, it hasn’t been the best year for First Amendment rights and government transparency. In some ways, 2019 plumbed new lows, with governments at all levels continuing their assault on press freedoms, free speech, and government transparency. But we’re not letting the curtains come […]
December 19, 2019
Latest News

Cases Press Release

Former San Jose Mayor Must Show His Text and Email Search Complied with Public Records Law

[…] emails for city business, going as far as directing a constituent to contact him by personal email and saying, "I’m going to delete this email from my government account." The lawsuit challenged the city’s response to requests by San José Spotlight and FAC for messages about city business on Liccardo’s personal accounts or devices. […]
- Government Transparency and Accountability
- Public Records
July 20, 2023
Asked and Answered

Brown Act CPRA

Citizen access to City financial reports

[…] Act request, including a sample letter, on the FAC's website: Public Records Act request 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.

April 6, 2016
Asked and Answered

Brown Act CPRA

A Board member vs. public member rights under PRA

[…] have requested information from our fire chief (e.g. audio/video recording of board meetings, copies of invoices) and I have been told that as a board member I must follow different rules then the public. I have been told I must make my request in writing to the board chair, and then he would put […]

March 23, 2016
Latest News

Press Release

FAC Prevails in Lawsuit Against Bakersfield Over Open Meetings, Records Violations

The First Amendment Coalition has prevailed in a lawsuit against the city of Bakersfield, with a judge ruling that the city council violated open- government laws when it held three closed-door sessions to discuss city finances and then refused to release public records related to those meetings. The ruling, a complete victory for FAC […]
January 10, 2020
Asked and Answered

CPRA

Destruction of public records

[…] context of discussing exemption of particular records, the PRA expressly recognizes that agencies do not retain records indefinitely.See Cal. Gov't Code section 6254(a).Please be aware that California Government Code section 34090 requires the retention of city records less than two years old.After that time period (and unless the records are required to be kept […]

June 14, 2009
Asked and Answered

CPRA

Local School District Records

Can you please direct me to the correct California Public Records Act form I need to use to obtain records from a School District? Do I also need to submit a US FOIA request as well or is a CPRA request sufficient? Are there applicable administrative remedies that need to be exhausted, ie, the […]

June 14, 2009
Latest News

Blog

The U.S. is alone among western democracies in protecting “hate speech.” Chalk it up to a healthy fear of government censorship.

[…] freedom of expression. Although we share other countries' repugnance for hate speech, particularly the race- and religion-baiting variety, the First Amendment reflects a uniquely strong aversion to government censorship of any kind. As interpreted in Supreme Court decisions going back nearly a century, the First Amendment forbids government suppression of ideas, no matter how […]
- Free Expression
March 14, 2011
Asked and Answered

Brown Act CPRA

Question and Answer Session with Consultants

[…] words to be effective. However, there are certain benefits to putting your request in writing. Among other things, to the extent the agency denies your request, they must notify you of that denial in writing. (Gov't Code section 6255). Your request does not need to be sent in any particular matter, nor do you […]

June 14, 2009
Asked and Answered

CPRA

Personal privacy exemption for public college dean

[…] the kennel where she boards her dog from international locales from that phone. I got the phone bills but all the phone numbers were redacted citing California Government Code §6254(c); Cal. Civil Code §1798.42. I am looking for some guidance as to how to draft a response arguing that these phone numbers should be […]

October 17, 2013