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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

CPRA

Can Employment Records & Dismissal Be Presented in City Council Open Session?

[…] full name and that at this open session there would not be any public comment allowed regarding what was being heard. Is this a violation of the Brown Act? Secondly, along with the agenda that was posted they also posted to the public, online an additional 816 pages of documents that included transcripts from […]

November 16, 2018
Asked and Answered

Court Records CPRA Newsgathering

Destruction of Council Office Files

[…] "purging" of documents by an outgoing city councilmember. Unfortunately, it is not always clear what destruction of records is permissible under California law. Section 34090 of the Government Code provides for the lawful destruction of city records in certain circumstances: Unless otherwise provided by law, with the approval of the legislative body by resolution […]

June 14, 2009
Asked and Answered

CPRA

How to requests public documents from San Francisco Airport

I've been having a really hard time understanding how to send a freedom of information act requests to the San Francisco Airport. A web search gave me nothing, except for something about a "Sunshine Ordinance" though I can see that California has a Freedom of Information law in place. Can you help me understand […]

May 11, 2018
Asked and Answered

CPRA

Local Agencies’ Request for Qualifications Bids

[…] for Request for Qualifications Bids/responses to be available for the public to review? Can we use legislation in the Freedom of Information Act (FOIA) to obtain developers' responses to an RFQ? The agency is a local government redevelopment agency that has put out an RFQ to developers for the development of the old Army Base.

June 14, 2009
Asked and Answered

CPRA

UC student grades and the CPRA

I have a question about the California Public Records Act. Do Public records include student grades from the UC system?

June 14, 2009
Asked and Answered

CPRA Police Records

Are the officer’s emails exempt from access under the CA Public Records Act?

I am considering filing an open records request under the California Public records act for the internal emails of a police sergeant.I suspect there is information related to misconduct on an issue not related to any open criminal case or crime investigation. Are the officer's emails exempt under the law, or would the department […]

September 22, 2015
Asked and Answered

First Amendment

Can teacher lose job if student-survey questions school board policy?

[…] pupil to disciplinary sanctions solely on the basis of conduct that is speech or other communication that, when engaged in outside of the campus, is protected from governmental restriction by the First Amendment to the United States Constitution or Section 2 of Article I of the California Constitution." Educ. Code section 48950(a). Moreover, a […]

June 5, 2010
Events

Media Leak Investigations and the First Amendment

[…] development praised by press-freedom groups. The following live panel discussion took place days before the memo was released. Journalists’ ability to protect confidential sources and keep the government from accessing their unpublished notes and other communications records is key to newsgathering and a core part of press freedom. That’s why recent revelations that the U.S. Justice […]
- Press Freedom
August 13, 2024
Asked and Answered

CPRA

Records request denied due to ongoing investigation

[…] retained by any state or local agency regardless of physical form or characteristics," Gov't Code section 6252(e) -- are presumed to be open to the public and must be disclosed unless a specific provision of the Act or other law exempts them from disclosure. The first question, therefore, is whether any "writing" exists pertaining […]

June 5, 2010