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Asked and Answered

First Amendment

How do I know whether a city retaliated against me for criticizing it?

[…] 482 U.S. at 459 n.7). The question whether a public agency has retaliated against a person in violation of the First Amendment depends on the facts of each case. For example, it is a fact-intensive issue whether the agency’s action created a sufficient chilling effect on speech or was substantially motivated by a person’s speech.

April 1, 2025
Asked and Answered

First Amendment Social Media

Can a public official delete users’ comments and block them from the official’s social media account?

I would like to bring to your attention a concern regarding the social media practices of a local elected official. Recently, I posted a comment on the official’s Instagram account, which the official uses for city-related matters, including event announcements and community updates. Unfortunately, my comment was removed, and I was subsequently blocked from […]

March 6, 2025
Asked and Answered

How Can I Request All Audio and Video of My Arrest?

[…] your request, can be found on the First Amendment Coalition’s website here. Bryan Cave Leighton Paisner 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.

August 8, 2020
Latest News

Blog Cases

Unsealed: Newly released warrant reveals flimsy basis for L.A. sheriff targeting press, protesters

[…] to ensure press rights were protected. In addition to California’s strong shield law protections, the U.S. Privacy Protection Act limits when the government can pilfer through protected newsgathering materials. (Unzueta brought a civil rights lawsuit over the ordeal and received a $90,000 settlement.) The investigator’s statement of probable cause to obtain the warrant allowing […]
- Press Freedom
June 7, 2023
Latest News

Blog

To take the sleaze out of judicial elections, ethics rules should bar lawyers who contribute money to judges from practicing before those judges

[…] election, voted with the court majority in favor of the CEO's company. The US Supreme Court is considering whether principles of Due Process should have required the newly elected justice to recuse himself from participating in the appeal. However the US Supreme Court decides the issue, the Caperton case highlights the hypocrisy of judicial […]
- Government Transparency and Accountability
June 3, 2009
Latest News

Blog

Time to Bring California’s Open Meeting Law into the 21st Century

[…] 14-year-old with a cell phone, but it also limits the "participatory" part of the "participatory democracy" that the Brown Act was meant to foster. Take, email, for example. Corporations in today’s economy couldn’t function without email (or text messaging or online collaboration tools like Google Docs). But city council members are forbidden to […]
- Government Transparency and Accountability
September 30, 2015
Latest News

Blog

Shame on Inglewood. Using copyright as a muzzle, the city files suit to censor a local critic

[…] critics, in hopes of unplugging his unflattering videos, was an appropriate use of taxpayer dollars? This is America, not Iran. Inglewood’s citizens are free to criticize government-- openly, loudly, even offensively. (This is sometimes also referred to as "politics.") Teixeira was exercising his birthright of US citizenship, the most fundamental of rights in a […]
- Free Expression
May 29, 2015
Latest News

Cases Press Release

Settlement Reached in Free Speech Case at Temecula Valley Unified

[…] "Debate is democracy, not disruption," said David Loy, legal director of the First Amendment Coalition. "The settlement protects the people’s right to engage with their elected officials free from unlawful censorship." The settlement ensures a three-year enforcement period by the U.S. District Court. "I hope this settlement will ensure that our elected representatives, including […]
- Government Transparency and Accountability
April 16, 2024
Latest News

Blog

SCOTUS is about to bring down hammer on public sector unions. That will be good for democracy, not so good for freedom of speech.

[…] a 2015 Supreme Court case involving state screening of drivers’ requests for specialty license plates. Texas’ rejection of a license featuring a Confederate flag did not infringe free speech rights, the Court ruled, because specialty licenses are government speech. The government speech exception presumably also explains why the first amendment doesn’t stand in the […]
- Free Expression
January 20, 2016
Latest News

Blog

SacBee calls for more transparency in compensation agreements with public employee unions

[…] bargaining process, including negotiations, are open to the public (though government officials may discuss strategy for labor negotiations in closed session). Minnesota, Florida, Kansas and Tennessee are examples. California is at the opposite extreme. The state's Brown Act not only allows negotiations about salaries and benefits to be conducted behind closed doors, it allows […]
- Government Transparency and Accountability
June 2, 2009