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  • Asked and Answered

    Is a recorded message on a voicemail considered private?

    […] the communication may reasonably expect that the communication may be overheard or recorded. " 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.

    January 9, 2013

  • Asked and Answered

    First Amendment

    Collecting petitions in public spaces

    I've read up on Robins v. Pruneyard and Young v. Albertsons regarding restrictions that may or may not apply to the collection of petition signatures. With respect, especially, to the Albertsons decision, are their any other rulings regarding whether shopping centers and/or individual stores can discriminate based on content? Two situations come to mind: […]

    June 14, 2009

  • Asked and Answered

    FOIA

    Making an FOIA request regarding border security

    I'm an investigative reporter trying to obtain information from the Department of Homeland Security and Customs and Border Protection (about 32 miles of the northern border are considered secure) and about the number of drugs, guns and weapons crossing over the border. I also need information on staffing levels compared to the southern border […]

    October 25, 2011

  • Asked and Answered

    Brown Act

    Serial Meetings

    I'm an education reporter, and have been covering local school boards for years. I need to clarify the term Serial Meeting. Can two board members meet to talk about issues in general -- frustrations, general strategies, how to counter personal attacks -- and then have one of them meet with a third board member […]

    June 14, 2009

  • Asked and Answered

    Police Records

    Can A Request for A Code Enforcement Complaint Be Denied?

    […] owns a house that is in disrepair. Code enforcement has been after her to clean it up.  I called code enforcement to ask for a copy of the complaint and was told to submit a public records request, which I did. They rejected the request because it's an open case. Is that justified? The […]

    January 26, 2018

  • Asked and Answered

    Newsgathering

    Can I use audio clips of solicitors refusing to be interviewed?

    I'm a journalist at a radio station doing a story about people who are soliciting money pledges for various causes on the local university campus, outdoors, in public.   I approached them with a recorder, identified myself as a radio reporter and started asking them questions. Their response was, "I don't want to answer any questions!" Is it legal to include […]

    May 12, 2014

  • Asked and Answered

    Brown Act First Amendment

    Bundling agenda action items silences public input

    […] the agenda. At the only regular board meeting of August 2010, after approving the consent calendar, the board approved the regular agenda items as presented. Their own by-laws state an agenda item will be presented; the administration will give their presentation and recommendations for action; the board will ask/seek further information; the public will […]

    September 17, 2010

  • Asked and Answered

    First Amendment

    Arrested for using “colorful” language at city council meeting

    I was just arrested  for saying the word "pussies" (referring to the lack of courage) at a city council podium, after of course signing up and being called up to speak. They have since added three other charges, four total, based on my use of "colorful" language at other city council meetings. I've already […]

    December 31, 2010

  • Asked and Answered

    Bagley-Keene Act Newsgathering

    Arrested at meeting for commenting on no-public-comment rule

    I was arrested recently while attending and covering as a journalist a wildlife protection meeting. The meeting is sponsored and regulated by the California Natural Resources Agency and the Dept. of Fish and Game. The facilitators illegally tried to establish a no public comment and no recording policy at these public meetings. I was arrested […]

    July 2, 2010