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  • Latest News

    Cases

    Allegation of ‘Conspiracy’ Not Enough to Evade Free-Speech Protections

    […] ruling that a plaintiff may circumvent the anti-SLAPP statute simply by pleading a conclusory assertion that a defendant engaged in speech of public concern is vicariously liable for the unlawful actions of others, absent any allegation or proof that the defendant specifically authorized, directed, or ratified those actions, as required by the First Amendment. […]

    April 20, 2022

  • Latest News

    Blog

    AG Holder, in speech, describes al-Awlaki “lethal targeting” memo that is the subject of recent FAC suit

    […] drone strike in Yemen in September 2010. FAC's suit, filed last month seeks release of the al-Awlaki memo, either redacted or in an unclassified version. Separate suits for this memo and related documents have also been filed by the New York Times (in federal court in Manhattan) and the ACLU (in federal court in […]

    March 16, 2012

  • Latest News

    Blog

    A stunning end to the media’s 20-year losing streak in high court access cases.

    Watershed CA Supreme Court decision is major win for government transparency By Peter Scheer America's highest courts are justly criticized for avoiding hard issues. The judicial fetish for deciding cases on the narrowest possible grounds yields opinions so limited and unambitious in scope that they often raise more questions, and generate more legal disputes, […]

    June 3, 2009

  • Asked and Answered

    CPRA

    Should I be able to get meta data of emails and calendars under the San Francisco Sunshine Ordinance or Public Records Act?

    […] the regular Public Records Act, and a violation of both laws’ requirement that records be provided in the format they are held (if so requested) and that exemptions be justified. Should I be able to get San Francisco public agencies and/or California public agencies in general to provide me emails in the native electronic […]

    April 1, 2021

  • Asked and Answered

    CPRA FOIA Police Records

    Online arrest records no longer show violations

    […] agencies may argue that sections 6254(f)(1) and (2) only require them to provide arrestee and incident information on a daily basis, as opposed to responding to requests for specific arrestee information. However, in amending the Public Records Act in 1982 to include the requirement that arrestee information be released, as well as incident reports, […]

    November 17, 2009

  • Asked and Answered

    CPRA

    Charged a fee for viewing documents? Is that legal?

    […] record, except as hereafter provided. Gov't Code § 6253(a).Public agencies may charge a fee "covering direct costs of duplication" (or a statutory fee).Gov't Code § 6253(b). As for charging the public for the right to merely inspect records, the agency may be on shaky ground.By its own terms, the PRA does not seem to […]

    May 4, 2011

  • Asked and Answered

    CPRA

    What rules must agencies follow when redacting public documents?

    […] May the public demand access to records and use their own equipment to reproduce or image (e.g. camera, scanner) the records? May an agency charge a fee for access to records if no copy/reproduction is requested yet the agency must or chooses to redact some information from the responsive record(s)? If the public must […]

    March 21, 2012

  • Asked and Answered

    CPRA

    Emails as public records

    […] they are from an attorney for the agency and/or relate to pending litigation. (See Government Code §§ 6254(b) and 6254(k).)However, your inquiry suggests that a different potential exemption might be invoked.Public agencies frequently refuse to disclose e-mails, asserting a "deliberative process privilege," pursuant to Government Code section 6255.The California Courts have recognized that this […]

    June 14, 2009