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  • Asked and Answered

    First Amendment

    Can Golf Group Nix Magazine Give Away in Parking Lot?

    […] and manner of distribution." Likewise, in Watchtower Bible and Tract Society of New York v. Village of Stratton, 536 U.S. 150, 168 (2002), the Court invalidated licensing requirements for door-to-door solicitors and leafletters upon a challenge brought by a religious organization. Given that you propose to distribute your magazine in the parking lot at […]

    June 23, 2010

  • Asked and Answered

    Brown Act CPRA

    Planning Commissions, Confidential Complaints, and the CPRA

    At a Planning Commission in our city an applicant applied for a variance regarding the height of a fence as a result of a complaint. Prior to the hearing a Planning Commissioner revealed that she was the complainant and was stepping down from the hearing. Another Planning Commissioner evidently found out who had made […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Little League meetings and the Brown Act

    Does the Brown Act allow for you to sit in on a Little League meeting in which your conduct is in question by where the Little League officials have the right to suspend a coach without hearing his side of the story?

    June 14, 2009

  • Asked and Answered

    Brown Act

    Homeowner’s Association, the Brown Act, and tape recording

    […] police. I stated "I will exercise my right under California law to record meeting". Police would not take any action in civil matter.  The board adjourned meeting for two weeks. The board says they are not subject to the Brown Act.  An Oct. 2 LA Times article says recent decisions declare members have right […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Do Public Comments Have to be Taken into Consideration

    […] presented by the public, during an open hearing not officially called a "public hearing", prior to making a judgment?  A county agency heard public comments on an agenda item, was presented with a petition from 29 neighbors requesting a public hearing, didn't read the petition or supporting documentation, and scheduled a review for 7 […]

    June 14, 2009

  • Asked and Answered

    CPRA

    CPRA request response time

    I recently submitted a request for records under the California Public Records Act to a State University. I issued the request in hard format to the University and had the secretary date, stamp it and make a copy for me. I have not heard back from the University. According to the law they are […]

    June 14, 2009

  • Pages

    Events

    FAC holds live and virtual events to tackle some of the most pressing free speech, free press and government transparency issues of the day. Events are free, on-the-record and open to all. Sign up to get invitations to upcoming events.

    July 3, 2024

  • Asked and Answered

    Court Records

    Accessing criminal court records

    A California court record that has been sealed may only be unsealed by order of the court.  Cal. R. Ct. 2.551(h)(1). (Text of entire Rule 2.551: http://www.courtinfo.ca.gov/rules/index.cfm?title=two &linkid=rule2_551.)  "A party or member of the public may move, apply, or petition, or the court on its own motion may move, to unseal a record."  Rule […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Minutes deadline

    […] to inspect any public record," except as provided elsewhere in the PRA.  Cal. Govt. Code Section 6253(a).  Under the PRA, an agency must determine whether a request for public records seeks copies of disclosable public records and must notify the requester of its determination within 10 days.  Cal. Govt. Code Section 6253(c).It is not […]

    June 14, 2009

  • Asked and Answered

    Court Records CPRA Police Records

    Can I be denied access to files on decades-old, closed murder case?

    […] possibly the state Attorney General’s office (if it was involved in the investigation). My recommendation would be to send a straightforward request to each police agency asking for any records related to the murder (and giving specifics on the year, etc.).  The agencies may balk at your request, and cite the same investigatory records […]

    April 10, 2015