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  • Asked and Answered

    First Amendment

    What Are My Rights as a Journalist Arrested And Detained Without Cause?

    I am a journalist whose First and Fourth Amendment Rights were violated by police. The incident occurred while I was documenting but not speaking or interacting with anyone on the public sidewalk. The police department report has my location and description, and stated no crime suspected, just my presence and that I am photographing […]

    April 21, 2022

  • Asked and Answered

    Brown Act

    Can a California City Council Cut Public Comment Time with No Notice Before Meeting?

    At the last two City Council meetings, the agenda has announced a three-minute time limit per person for public comments. Then, at the start of the meeting, this has been reduced to two minutes. I've reviewed (to the best of my ability) relevant case law that allows for deviations from the Brown Act when […]

    August 26, 2020

  • Asked and Answered

    CPRA

    City Council Is Proposing to Order Police to “Resist” PRA Requests

    We have a City Council unfamiliar it seems with the First Amendment. The most recent proposal is to order the police to "resist" public records act requests for certain booking photos. The local journalist here is standing pretty much alone. My interest is only concerned citizen. I just looking for the ammunition to be […]

    May 17, 2019

  • Asked and Answered

    Newsgathering

    What Are the Rights and Restrictions of Photo-Journalists Covering Wildfires?

    Our newspaper's staff photographer took photos/video of of flames engulfing a home during a massive fire in Northern California. Some of the photos were from a property that a nearby resident told him it would be okay to be on. Some were from the property of the home that was burning. The residents of […]

    November 13, 2018

  • Asked and Answered

    Brown Act

    Councilmembers May Have Met Privately to Agree on Vote Outcome

    The City Council recently placed a rent control measure on the November ballot, and one of the Councilmembers who suggested a change to it before it was voted on, told an online newspaper: "[The Councilmember] said deals had been made to line up enough votes for that 15-year timeline, but "I saw an […]

    November 6, 2018

  • Asked and Answered

    CPRA

    Records Request Response Included No Responsive Records

    I submitted a Public Records request to my Unified School District and paid the copy fee, but when I picked up the packet it did not contain any of the items that listed. Instead it was a copy of my Personnel file, which I am already entitled to obtain even without the request? Can […]

    November 2, 2018

  • Asked and Answered

    CPRA

    Requested Email Failed to Disclose BCC Recipients

    […] member's personal email to his school email. It was blind copied (bcc'd) to others. The PRA request asked for the complete email, including recipients. An affidavit, signed by the board member says he provided email is an unaltered and true copy. But it is not. The email is provided and a second page is […]

    November 12, 2018