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Asked and Answered

CPRA

CPRA request won’t be fulfilled unless we show documents we’ve already received

[…] want to. A better approach would be to continue working with the agency to formulate key word searches. Additionally, remember that if the agency decides to claim an exemption, it must let you know specifically what exemption it is relying on and how that exemption applies. Gov’t Code § 6253(c), Bryan Cave LLP is general […]

June 16, 2016
Latest News

Blog Cases

The ongoing push for police transparency

[…] criminal charges against several law enforcement officers. In refusing to disclose any records except complaints filed in court, the District Attorney improperly relied on the "investigatory files" exemption from disclosure. Although that exemption may apply to other records, SB 1421 and SB 16 specifically reject it for the records covered by those laws. We […]
- Government Transparency and Accountability
- Public Records
May 18, 2022
Asked and Answered

CPRA

University claims to have a year to respond to document requests

[…] like to know about), and asking for specifics on whether the records you have requested are disclosable in the first place; if they are not disclosable, what exemption under the Act the agency is invoking; and if they are disclosable, the date and time that you may inspect them and/or pick up your copies […]

January 4, 2011
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Blog

The “deliberative process privilege” is dead or, at best, on life support

[…] calendar of business meetings. Their reliance is misplaced, however. The Times Mirror decision is a textbook case of judicial activism run amok. Unable to find an applicable exemption in the state Public Records Act, the Court concocted a new one, ruling that the governor could not be forced to disclose records that would reveal […]
June 2, 2009
Asked and Answered

CPRA

Counsel for a school board

I am reporter and seeking advice about what I can do to request information from our local school district. Recently our school board hired a lawyer to formulate legal opinion about a particular school board policy. The opinion is in, but they refuse to share the information, citing attorney-client privilege. Is there any way […]

June 14, 2009
Latest News

Blog

One judge’s brilliant (and hilarious) rejoinder to lawyers trying to cut off public access to court documents

[…] displeasure with the practice of over-sealing documents and information in the official record of court cases. Judge Breyer (whose brother is Supreme Court Justice Stephen Breyer) has presided for several years over a shareholders’ lawsuit against Hewlett-Packard concerning the company’s ill-fated acquisition of a British software company that turned out to be worth billions less […]
- Government Transparency and Accountability
August 25, 2015
Latest News

Blog

US Supreme Court ‘government speech’ rulings should curb government misuse of anti-SLAPP laws

[…] plate program, which allows individuals and organizations to request an image or slogan on their license plates. A nonprofit group, availing itself of the program, sought approval for a plate with a Confederate Battle flag. Texas said no, explaining the plate would be viewed as "offensive." The nonprofit sued, arguing the denial of its […]
- Free Expression
December 22, 2015
Asked and Answered

CPRA

Traffic Accident and DMV Records

[…] $750 in damages to property, injury, or fatality is required to have a SR-1 form filled out and filed. The document states its a public document available for review and the Vehicle Code lists five portions available for review "upon request", but the DMV is saying its only for review by the parties involved […]

June 14, 2009
Asked and Answered

Police Records

Want Info on 911 Call that Prompted Police to Swarm My House Where No Crime Occurred

[…] Florida’s public records act as I am with California’s, a quick review of the law indicates that police records are generally subject to public disclosure unless some exemption applies. Section 119.105 states that "Police records are public records except as otherwise made exempt or confidential." In responding to your request, it seems the agency […]

December 4, 2018
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Blog

Supreme Court’s much-maligned First Amendment decision will, in fact, expand freedom of speech

[…] economy where, for better or worse, most industries enjoy direct or indirect government subsidies. In the media industry, for example, traditional newspapers are subsidized through sales tax exemptions and restrictions on competition for legal notices; television and radio are subsidized through the federal government's decision to give away scarce spectrum space; the internet is […]
- Free Expression
April 5, 2010