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Asked and Answered

Brown Act First Amendment

Can a city council deny public comment on an agenda item solely because the item is informational and the council will not take action on it?

A city in California does not allow public comment on agenda items on which no action will be taken by the council at the meeting. Under what circumstances can public comment be denied on agendized items? Is it true that public comment can be denied on agenda items that are informational only and upon […]

September 25, 2025
Asked and Answered

Brown Act First Amendment

Can a city council member control clapping during a meeting?

[…] member allows clapping during public comment unless she disagrees with what was said. If she disagrees with what was said during public comment, clapping is prohibited. When the council member has controlled clapping in the past, the speakers did not discuss harming anyone. They said things she disagrees with though. Everyone spoke in a […]

April 24, 2025
Asked and Answered

Brown Act First Amendment

I could not display a video during my public comment at a city council meeting

A city council allows members of the public to display media in support of their public comment so long as they submit it to the clerk in advance and play it only through city equipment. I submitted a video in advance of a council meeting, but when I tried to give my comment, the […]

April 3, 2025
Posts

FAC Opposes Legislation that Would Weaken Public Oversight of Government Officials in California

It’s about accountability We are writing to alert you to legislation pending in California that would take the wrong lesson from the pandemic and weaken open- government laws under the guise of increasing remote access to meetings. The most problematic provisions undermine the democratic values of open government and oversight of our public institutions […]
- Government Transparency and Accountability
May 13, 2022
Posts

Governor signs FAC-sponsored access bill

[…] Arnold Schwarzenegger signed SB 786 that limits the ability of state and local governmental agencies to win fee awards from citizens bringing lawsuits under the state’s open government laws -DB Governor Arnold Schwarzenegger signed into law SB 768 on August 6 a measure vital to maintaining the ability of citizens to seek redress of […]

August 10, 2009
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Blog

Sunshine Week: Transparency Critical During Public Health Emergency

A letter from Executive Director David Snyder Dear Friends of the First Amendment, During times of widespread uncertainty, the public needs a clear picture of what our government is doing. Indeed, transparency is much more important in such times, when the government takes on a far greater role in our day-to-day lives. As government […]
- Government Transparency and Accountability
March 16, 2020
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Rating the leading Presidential candidates on First Amendment issues. And the winner is . . .

[…] few weeks, it's worth considering how the leading contenders compare in their commitment to First Amendment rights. All political leaders are champions of free speech and open- government--in a vacuum. The real question is how they would balance those principles against competing interests in decisions involving issues of national security, economic policy and the […]

June 3, 2009
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Blog

Leaks in the Age of Trump–The Coming Flood

[…] quarry for the conventional press, he is likely to be a never-ending font of leak-inspired journalism. Chaos begets dissension, and dissension within the close ranks of government bureaucracy leads, inevitably, to leaks. Career public servants ignored by the boss will try to find someone else to tell. Reporters who don’t get their calls […]
- Press Freedom
January 4, 2017
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Blog Cases

FAC to California Court of Appeal: The Public Can’t See What No Longer Exists

[…] to the public’s ability to obtain records under the California Public Records Act: should a CPRA requester be required to get a court order—an injunction—to prevent the government from destroying records? The clear answer is "no." If the CPRA stands for anything, it is the idea that the government has a duty, at an […]
- Government Transparency and Accountability
July 26, 2017
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CFAC Update: Acting globally and locally: From internet censorship in China to a TRO against Atherton, CA

[…] both globally and locally, in the last 2 months. First globally: CFAC has initiated a proceeding that will attempt to use international trade laws to force the government of China to end its censorship of the internet. In a submission and presentation to the Office of the US Trade Representative, CFAC has petitioned for […]
- Government Transparency and Accountability
June 3, 2009