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CPRA

Can I use information revealed in closed session, or is it privileged?

[…] its requirement that all legislative deliberations occur in open session, one of which is "to consider the…performance, discipline, or dismissal of a public employee." Gov’t Code § 54957(b). If the meeting in question was to discuss disciplinary action, the Board may have properly met in closed session, but was required to post an agenda […]

September 1, 2016
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First Amendment Social Media

Blocked and Bullied by City Council Member

January 26, 2018
Asked and Answered

Brown Act

Closed Sessions under the Brown Act

[…] about the general nature of the closed session discussion in advance. The Brown Act authorizes a closed session to discuss the appointment, employment, evaluation of performance, or dismissal of a public employee. In each of these cases, the agenda must specify the type of business to be discussed (i.e., appointment, employment, performance evaluation, or […]

June 14, 2009
Asked and Answered

Brown Act

Closed meeting votes and the Brown Act

[…] closed session at the public meeting during which the closed session was held, and must report the vote or abstention of every member present. Gov. Code § 54957.1. Assuming the closed session was in violation violated of the Brown Act, a member of the public may seek to void the action taken. You must […]

June 14, 2009
Asked and Answered

First Amendment

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

[…] the operation of the schools should be spent. Accordingly, it is essential that they be able to speak out freely on such questions without fear of retaliatory dismissal." Id. at 571-72. The Court also noted that it had, in past cases, indicated that First Amendment protection was also appropriate where "statements are directed at […]

June 5, 2010
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First Amendment Social Media

My Councilmember Has Blocked Me from Posting on Her Official Page

April 13, 2019
Asked and Answered

First Amendment Social Media

Local School Board President Banning Parents From Commenting On School’s Official Facebook Page

September 17, 2021
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Blog Cases

Texas open meeting law supported by FAC amicus stands

[…] of speech pursuant to their official duties. That panel decision was vacated when the entire court agreed to review the case. "Dennis wrote that the full court's dismissal of the case as moot is "incorrect, injudicious and result oriented." He said that although Rangra was no longer on city council, he "continues to live […]
- Government Transparency and Accountability
September 11, 2009
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Blog

NSA surveillance case reflects a growing distrust in the federal judiciary

[…] rendition" program. The state secrets privilege is the mother of all government privileges because it typically requires, not merely the exclusion of certain evidence, but the outright dismissal of the lawsuit—even if the plaintiff's claims have merit. It's as though the government is saying, in response to the plaintiff's legal complaint: Yes, you're charges […]
- Government Transparency and Accountability
June 2, 2009
Latest News

Google’s Antitrust Wrist Slap Is Right Result for Wrong Reason. Right Reason: Google Search Results are Protected Speech

January 7, 2013