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Asked and Answered

First Amendment Social Media

School District dictatorial about student use of social media, texting

[…] the media. Eventually the police learned the entire email was a work of fiction and subsequently told the School District officials as much. However the district stood by their ruling and publicly praised themselves for punishing a group of kids who were essentially cyber bullied. Recently when a teenage girl from a neighboring community posted […]

June 15, 2015
Asked and Answered

Brown Act

The board of supervisors is only accepting written comment before meetings amid COVID-19. Does that violate the Brown Act?

[…] comments the day before until 5 p.m. All other public agencies in our area have figured out a way to conduct and allow public comment telephonically or by Zoom meetings. This is especially egregious because we appeared at a March meeting to comment on a public hearing item, which requires a public hearing. After […]

July 16, 2020
Asked and Answered

First Amendment

Can I sue New York City for restricting my religious freedom during the coronavirus pandemic?

Amid the COVID-19 pandemic, churches and church members have been banned far too long from practicing their religious beliefs. I had to cancel my wedding. I had to cancel my daughter's baptism. It was of great importance to my family since we were naming her after my 95-year-old grandmother. A day to honor my […]

July 9, 2020
Asked and Answered

Brown Act

Has the public comment requirement changed due to Gov. Newsom’s executive order amid the COVID-19 pandemic?

Has the public comment requirement (Gov. Code, § 54954.3 subd. (a).) changed after Governor Newsom's executive order?

July 21, 2020
Asked and Answered

Brown Act

Limitation On Public Comments At City Council Meeting

If a city council establishes a protocol whereby the mayor may unilaterally decide to limit public comments on a topic to no more than 45 minutes, thereby preventing people present who wish to make public comments from speaking, is that compliant with the Brown Act?

March 3, 2020
Asked and Answered

Court Records

Are Depositions Public Records and Can We Publish Portions Of Them Legally?

[…] like to use for a report. I understand that California depositions are not a matter of public record, though some other states make depositions a public record. The case was dismissed but never settled. Other than attaching the depositions or portions of the depositions to a court-filed document, is there any other legally accepted […]

October 30, 2020
Asked and Answered

Brown Act

Is it a Brown Act violation to hold a virtual meeting without telephone access for those without the internet?

Our County held an online public meeting as required by the Mental Health Services Act (MHSA), but failed to provide a phone number for anyone who might not have online access. Is this a Brown Act violation?

July 7, 2020
Asked and Answered

Brown Act

Council Meetings On Zoom Have Increased Brown Act Violations During The Public Comment Period

Our city council meetings have recently moved to Zoom sessions due to COVID. I'm curious about possible Brown Act violations due to the way the council has been conducting the meetings. The hot topic has been the current proposed city budget which they've had for the past three months and finally released to the […]

April 21, 2022
Asked and Answered

First Amendment Protest Rights

Are Protesters Vulnerable to Arrest Under COVID-19 Ordinance Banning Public Gatherings?

My county passed a COVID-19 public ordinance stating that citizens are prohibited from participating in public gatherings and can be fined or arrested for doing such. With the protests happening across the city, I can see this being an issue that could lead to many protester arrests that would have otherwise been peaceful. I […]

January 20, 2021
Asked and Answered

Brown Act

Can A Trustee Mute Another Trustee’s Microphone During A Meeting Streaming On Zoom?

Is it legal for a school board trustee facilitating a meeting streaming on Zoom to mute another trustee's microphone because he objects to the content of what the trustee is saying?

January 20, 2021