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Asked and Answered

Newsgathering

Do reporters have to sign in at public schools?

[…] circumstances . . . .").)An opinion from the California Attorney General, often cited by school administrators, argues that reasonable restrictions may be placed upon members of the news media when they seek access to school grounds. (See 79 Cal. Op. Att'y. Gen. 58 (June 10, 1996).) According to the Attorney General's Opinion, the Legislature […]

June 14, 2009
Asked and Answered

CPRA School Records

Charter schools and the CPRA

[…] the section 54952(c) and (d) of the Brown Act. That section provides: 54952. As used in this chapter, "legislative body" means: . . (c) (1) A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that either: (A) Is created by the elected legislative body […]

June 14, 2009
Asked and Answered

Newsgathering

Accessing the black hole of the CIA

[…] where the public has a substantial interest in the information, and other cases holding that the release of names of employees of a particular department (say, for example, the CIA) IS an unwarranted invasion of privacy at least absent a strong public interest in the information. Compare Gordon v. FBI, 388 F. Sup. 2d […]

June 14, 2009
Asked and Answered

Brown Act

Public Funds and the CPRA

[…] that are legislative bodies of a local agency pursuant to subdivisions (c) and (d) of Section 54952 ." Section 54952(c) defines "legislative body" to include " board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that (A) is created by the elected legislative body in […]

June 14, 2009
Asked and Answered

Brown Act

Must An Agency Provide Translation Services for Board Members Who Need Them?

We work with a number of local water boards. Community Service Districts and Public Utility Districts. which are required to comply with the Brown Act. The boards we work with are typically in disadvantaged communities, where Spanish is the language of a large number of residents (if not the majority). I have been trying […]

December 14, 2020
Asked and Answered

CPRA

Sheriff Denied My Request For Data From Automated License Plate Readers

[…] you know, the California Public Records Act (CPRA) sets forth the rules and procedures governing information disclosures made by public agencies, including sheriff’s departments. Public records are open to inspection by members of the public unless they are exempt from disclosure by express exemptions codified in the Act. Cal. Gov. Code § 6253. The […]

January 20, 2021
Asked and Answered

First Amendment Social Media

Is it a First Amendment violation when Twitter Suspends My Account for “Hate Speech”

[…] attention. 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. No attorney-client relationship has been formed by way of this response.

March 23, 2020
Asked and Answered

CPRA

Does “Deliberative Process Privilege” Allow California governor to Withhold Communications Relating to Voter-Mandated Study?

I submitted a California Public Records Act request to the California Department of Public Health, Bureau of Cannabis Control (BCC), Gov. Newsom, CA Department of Tax and Fee Administration and Attorney General Xavier Becerra regarding the voter mandated nonprofit feasibility study required by the text of CA Prop 64. I received a response from […]

March 13, 2020
Asked and Answered

CPRA School Records

School District Stalling Over My Request For Gender Breakdowns On Student Performance

[…] foundhere. 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. No attorney-client relationship has been formed by way of this response.

April 21, 2022
Asked and Answered

Brown Act

Can a School Board Restrict Recording of a Meeting to a Designated Area?

Cal. Gov. Code § 54953.5 provides: "Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings with an audio or video recorder or a still or motion picture camera in the absence of a reasonable finding by the legislative body […]

February 17, 2021