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  • Latest News

    Be part of the FAC for All campaign

    A message from Executive Director David Snyder A global pandemic. Journalists under attack. A nationwide cry for social justice and police accountability. This past year’s extraordinary events highlighted like never before the importance of FAC’s work combatting government secrecy and standing up for free speech, a free press and the public’s right to know. With your […]

    August 24, 2021

  • Latest News

    Blog

    BART feud shows that censorship is never local

    […] on-site protest against the agency. BART officials claim that the protesters planned to "coordinate their disruptive activities and communicate about the location and number of the BART Police." This supposedly justified the blackout of all cell phone activity within the BART stations. But crowd control and communication control are two very different things, and […]

    August 24, 2011

  • Latest News

    Blog

    An Illicit Power-Grab And Usurpation Of State Sovereignty By The Bush Justice Department

    […] involved self-styled anarchists who, in a July 8, 2005 rampage through downtown San Francisco, destroyed property, resisted arrest, and assaulted and injured at least one San Francisco police officer. The persons responsible most certainly should be prosecuted--in state court by state prosecutors and under state law (including the shield law). How did this quintessentially […]

    June 2, 2009

  • Latest News

    Cases

    Amici Briefs Digest – March 2018

    […] Ninth Circuit Court of Appeals Addison v. City of Baker:  This amicus brief, authored by RCFP,  supports the claims of a former journalist who alleges that the police chief of Baker City, Oregon retaliated against the reporter for unfavorable coverage, in violation of the First Amendment.  The police chief argues he is entitled to […]

    March 7, 2018

  • Asked and Answered

    CPRA

    Documents relating to employment

    […] be the subject of the particular record sought does not, because he is personally affected, have any greater right than any person to examine the record."Los Angeles Police Dept. v. Superior Court, 65 Cal. App. 3d 661, 668 (1977). You may want to determine whether California law other than the Public Records Act provides […]

    June 14, 2009

  • Asked and Answered

    First Amendment

    Blog post results in threats of defamation

    […] defamation. There are additional defenses as well, including statements that are purely opinion and statements protected by some qualified or absolute privilege. For example, statements made to the police or included in a police report, as well as statements made in court, are among those that might be privileged.  Thus, if the victim you interviewed […]

    April 8, 2016

  • Asked and Answered

    CPRA Police Records

    Can law enforcement seal a search warrant that gathered evidence on a civil case?

    […] one would imagine that the Penal Code provision is limited to search warrants in criminal cases. It is not immediately apparent why the government could invoke its police powers in connection with a civil case.Again, however, this issue goes beyond our legal expertise. Next, assuming that Penal Code § 1534 properly applied to the […]

    August 19, 2011

  • Asked and Answered

    CPRA

    Sheriff refuses access to complaint

    […] are exempt from disclosure. Among these are "records of complaints to, or investigations conducted by . . . any state or local police agency." Govt Code section 6254(f). Moreover, as you noted, the records may further be exempt as part of the personnel records of the governmental employees about whom the complaint pertains. Govt. Code […]

    January 10, 2012

  • Asked and Answered

    First Amendment

    Can a retail store deny you the right to petition their customers?

    I was petitioning at a Target store and was asked to leave. I went to the police department and was told that I have a right to be there, but they can tell me when to set up. I then went back, and Target security said they would call the police. The police who […]

    April 27, 2010