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  • Latest News

    Blog

    California agencies have no business claiming copyright protection for public records

    […] have costs—even if their magnitude is debatable or unpredictable—a law that does nothing to fix any discernible problem is, by definition, a bad law. Legislators who vote for such laws violate the politicians’ version of the Hippocratic Oath: "First, do no harm." On the short list of this year’s bills that flunk the "no […]

    June 22, 2016

  • Latest News

    Blog Cases

    Big victory in CA Supreme Court case on public access to government data

    […] to statutes that provide a right of access (and a narrow interpretation to provisions that create exemptions to access rights). The Sierra Club decision puts them on notice that Prop 59 means what it says. Going forward, any ambiguities in laws relating to government transparency have to be resolved in favor of greater transparency. […]

    July 10, 2013

  • Latest News

    Blog

    Are journalists who use leaked records engaging in the “fencing” of stolen property?

    Some government officials have been pushing the theory that journalists who write stories based on leaked classified documents---think Glenn Greenwald, for example---are engaging in the "fencing" of stolen property. Mike Rogers, the Republican chair of the House Intelligence Committee, made this point yesterday when questioning FBI Director James Comey at a congressional hearing. Rogers […]

    February 4, 2014

  • Latest News

    FAC News Press Release

    Annie Cappetta Joins FAC as Legal Fellow

    FOR IMMEDIATE RELEASE Contact: [email protected] The First Amendment Coalition is pleased to welcome Annie Cappetta as a legal fellow. Annie earned her law degree from Vanderbilt University Law School in 2021. In law school, she was recognized as a member of the Phi Delta Phi legal honor society, received the Garrison Social Justice […]

    September 21, 2023

  • Latest News

    Blog

    1st Amendment unravels plans to hide Cosby transcript, police-shooting video

    BY PETER SCHEER--- For lawyers who specialize in helping clients suppress information that could prove embarrassing or worse, several recent developments just made their job a lot harder—which is, of course, a good thing from the standpoint of the public interest. Last week a federal judge in California was persuaded to lift a protective […]

    July 21, 2015

  • Asked and Answered

    CPRA FOIA Police Records

    Obtaining concluded investigative reports

    […] dealing with local law enforcement and not the FBI.That is unfortunate because the California Supreme Court has held that the exemption to the California Public Records Act for police investigatory files goes on forever, even years after the investigation is concluded. That case is Williams v. Superior Court, 5 Cal. 4th 337 (1993).This does […]

    June 14, 2009

  • Asked and Answered

    Brown Act CPRA

    Text-Messaging Public Records

    […] oil spill.  He claims that the phone records and text messages are not public record because he used his personal iPhone and has not submitted a request for reimbursement from the City. I have checked the Sunshine Law, Brown Act and CA Public Records Act and can find no authority for the Mayor's position. […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Surveillance cameras and the CPRA

    […] officers piled on top of me, injuring me and then had me thrown in jail.  This all happened directly underneath a surveillance camera. I have repeatedly asked for the surveillance tapes but have received only cursory replies from the University's police officials. Speaking to the city police, I've been told to file a motion […]

    June 14, 2009

  • Asked and Answered

    CPRA School Records

    Student records

    […] not public. See Education Code section 48918. However, once a final decision has been made to expel a student, the fact of the expulsion and the reason for the decision must be disclosed in a public document. See Education Code section 48918(j) and (k). I have attached the text of this section below. You […]

    June 14, 2009