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Asked and Answered

First Amendment

Threatened with Libel Suit for Email I Wrote Discussing Candidates

[…] with personal opinions of all four candidates. I mentioned the publisher of our local paper by name with one of the candidates. Someone in my email chain forwarded my private email to the publisher/editor. The publisher then copied the town officials and candidates demanding I apologize with threat of libel. The other official said […]

February 16, 2018
Asked and Answered

CPRA Police Records

Can I Use the CPRA to access investigative files?

I am trying to get investigative records from California's Department of Consumer Affairs and the California Department of Justice for a complaint I am lodging against a former employer. How do I go about submitting such a request?

March 26, 2015
Asked and Answered

CPRA

Coastal Permit access under PRA

[…] agency would presumptively be subject to disclosure under the Public Records Act, so obtaining a copy of the permit that you seek probably requires making a simple request for it from the agency. You might first check the agency’s website to see if it has some sort of streamlined procedure for requesting documents such as […]

April 29, 2016
Asked and Answered

Brown Act

Brown Act and statute of limitations

Does an action requesting purely equitable (injunctive) relief for a Brown Act violation have a statute of limitations?

June 14, 2009
Asked and Answered

First Amendment

Does the First Amendment Protect Against Censorship Public Access TV?

[…] staff or management." The show is a sports show. They are threatening to suspend its host and airing because they claimed that a caller spoke about wrestling for 15 minutes and it was too long and trying to stop the hosts from talking about the "take the knee" issue in football because they said […]

February 13, 2018
Asked and Answered

CPRA

Does the CPRA consider an email database public and disclosable?

As a Business Improvement District, we are an agency of our local gov't and subject to PRAs. I have submitted countless reports, minutes/ agendas, financials and even a record of one full year of emails. Now I have been asked to submit the email database I have developed for communicating with my business members. […]

March 11, 2017
Asked and Answered

Newsgathering

Publishing leaked email

[…] which he bad-mouths a union. Question: Does the legal disclaimer at the bottom of the email mean anything? It says basically that the email is intended only for the recipient and cannot be used for any other reason. My first impression is that the letter is inherently public because it's been sent to so […]

June 14, 2009
Asked and Answered

CPRA

Public Officials’ Personal Email

[…] city council member's use of his/her personal email account to discuss city business make that account subject to Public Records Act Requests? If so, is there a threshold between a single or several incidental uses and the systematic use of the personal email for city business that would trigger the account's exposure to such requests?

June 14, 2009
Asked and Answered

First Amendment

Public Filming of TV Show

[…] show in a restaurant and sidewalk in front of the restaurant. I took some pictures from the public sidewalk across the street. None of my pictures were for anything but for my personal use--not commercial in any way. One crew member said just not to use a flash. Then 20 minutes later, another supposed […]

June 14, 2009
Asked and Answered

CPRA

Private information in the public record

[…] Public Records Act, my license is a Public Document that the public is entitled to see. They claim they are required to tell the Public their justification for giving me a Probationary License. My stand is that while the status of my license is public; the medical information they published on the Internet is […]

June 14, 2009