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Asked and Answered

First Amendment

Regulating teacher speech

Government regulation of employee speech does implicate First Amendment issues and is sometimes unconstitutional. The question usually boils down to the "'balance between the interests of the , as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the efficiency of the […]

June 14, 2009
Asked and Answered

CPRA

Was My Public Records Request Denial As “Unduly Burdensome” Justified?

[…] whether disclosure is prohibited by specific laws or prohibited as against sound public policy. As a result, the County objects to producing the records sought based upon Government Code Sections 6254(a) and (k), and possibly additional subsections, and Government Code Section 6255. Additional privileges may apply based on a review of the records." Is […]

February 15, 2018
Asked and Answered

First Amendment School Records

First Amendment rights on college campuses

I have run into some First Amendment issues on my college campus. My participation in basic First Amendment activity has resulted in threats of disciplinary action and I also have been denied access to public records. Do First Amendment rights apply to college campuses?

March 21, 2016
Asked and Answered

CPRA

Obtaining HHS/Child Protective Services Records Via CPRA

[…] only parent of the child named in the case, I should have access not only for my own records but I should be able to know who my accuser is. Do Child Protective Services Records and Report filings fall under the California Public Records Act? If not would they be subject to a FOIA request?

December 13, 2018
Pages

Privacy Policy

[…] in the handling of your Personal Information in a way that differs materially from this Privacy Policy. 7. Compliance with Laws and Law Enforcement We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other information about you to […]

May 30, 2024
Asked and Answered

CPRA Police Records

Police claims officer ‘use of force’ reports personnel not public issue

[…] agency should release the records in a redacted form.Gov't Code § 6253(a). Holme Roberts & Owen 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.

July 8, 2011
Asked and Answered

CPRA Police Records

Public Record, and 911 Call Logs

[…] California Supreme Court said that, in enacting the California Public Records Act (CPRA), "the state Legislature ... limited the CPRA's exemption for law enforcement investigatory files," in Government Code § 6254(f), "by requiring agencies to disclose specific information derived from the materials in investigatory files rather than the materials, themselves." Thus, the Court said, […]

June 14, 2009
Asked and Answered

CPRA

FOIA request California State Parks internal investigation

[…] in litigation filed pursuant to this section." Gov’t Code § 6259(d). 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 unless separately retained.

June 1, 2016
Asked and Answered

CPRA Police Records

Can I Use the CPRA to access investigative files?

[…] request letter, on the FAC's website at Access to Public Records 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. Access to Public Records

March 26, 2015
Asked and Answered

CPRA

Emails as public records

E-mails are "public records" as defined by the California Public Records Act. Government Code section 6252(e) defines "public records" as follows:"Public records" includes any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. "Public records" […]

June 14, 2009