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  • Asked and Answered

    First Amendment Newsgathering

    The DA gives information to other media, but refuses to make it available to our newspaper

    […] Attorney. This news led to his assistant's departure. Now, the DA refuses to provide public information on court cases that we can only get (and have gotten for 35 years) over the phone. I believe there is a statute somewhere that requires government officials to provide news to outlets on a non-discriminatory basis. The […]

    August 20, 2010

  • Asked and Answered

    Brown Act CPRA

    Can we compel our non-profit hospital to share financial information with the community?

    […] they do not review the organization's financial information. It is up to the directors to insist that staff provide this information. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition hotline inquiries. In responding to these inquiries, we can give general information regarding open government and […]

    October 21, 2013

  • Asked and Answered

    First Amendment

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

    […] dangers, be subjected to such restraint, to be enforced by reasonable regulations, as the safety of the general public may demand." As a result, we cannot state for certain whether New York City’s public health restriction on gatherings is, on its face, an unconstitutional violation of citizens’ rights to exercise their religion or a […]

    July 9, 2020

  • Asked and Answered

    Brown Act

    Is It Legal to Exclude the Public From a Regularly Scheduled Public Meeting?

    […] prevented from entering the County Board of Supervisors Meeting in California where they were deciding whether to open up the county after the coronavirus shutdown. One man was detained for attempting to enter the building. Is it legal for the board of Supervisors to prevent the general public from attending a regularly scheduled board meeting?

    January 20, 2021

  • Asked and Answered

    Newsgathering

    Newspaper Facing Possible Retaliation Over Reporting On Local Scandal Involving City Hall

    […] paper, certain members of City Hall and the City Council have been intimidating some residents and businesses. They are afraid to make public comments or step forward for fear of retaliation from the city. Our small news organization is now fearful about retaliation for reporting the news on this activity. What is our legal […]

    April 27, 2022

  • Asked and Answered

    Court Records

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

    We have depositions from a 1994 California case with selected content we would 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 […]

    October 30, 2020

  • Asked and Answered

    CPRA

    I was stopped from taking photos of court records with my phone to save costs. What can I do?

    Recently the organization I work for had submitted and received a Public Records Act Request of all individuals who had been charged with gang enhancements. However, there is specific information we also need but must pull the Superior Court case file to obtain such as: age, race, location, etc. These documents are electronic so […]

    February 8, 2021

  • Asked and Answered

    Brown Act

    School Board Voted In Secret to Pick New Superintendent

    […] am sorry to hear about the lack of transparency associated with the hiring of the superintendent. When it comes to personnel decisions, the Brown Act does permit for some discussions to be held behind closed doors, but these exceptions are to be construed narrowly. With respect to hiring decisions,Section 54957(b) permits a legislative body […]

    December 10, 2018