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  • Asked and Answered

    First Amendment Protest Rights

    Do ‘disturbing the peace’ laws trump the First Amendment?

    […] protesting.The incident occurred between the hours of 6pm and 8pm.We arrived for our court date only to find no charges had been filed.A week after that we received a notice by the arresting deputy that he was rescheduling our court date, now set for a later date.Does CA penal code 415 trump the First Amendment?

    June 14, 2009

  • Asked and Answered

    CPRA Police Records

    Accessing police documents

    I would like to know if the following document is covered under the California Public Records Act.  The chief of police for the my local police department maintains a form, which list in a chart format, on a monthly basis, the number of citations issued, arrests made, etc. for the department.  This form is […]

    June 14, 2009

  • 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

    Police Records

    How Can I Access Florida Police Body-Camera Videos?

    […] camera videos from a Florida law enforcement agency that have not been provided in response to a freedom of information act. Nor were they included in discovery for a criminal case. I believe there is damning evidence on the video of police misconduct, obstruction of justice, malicious prosecution et cetera. What are my options […]

    June 7, 2021

  • Asked and Answered

    Newsgathering

    What Are Newsgathers’ Rights Regarding Private Homes Involved in Major Wildfire Area?

    I got a question about legal right (protected by First Amendment or any other Constitutional law) for our reporter here in California to gather news (pictures, videos) being on the private property during a recent major wildfire. We have all permissions from local authorities to gather news in a nearby burned out town (they […]

    January 7, 2020

  • Asked and Answered

    First Amendment Protest Rights

    I Believe My University Has Infringed on My Right to Free Speech. How Can I Fight Back?

    I am a Ph.D. student at a state university. For the past several months I have been a part of a political movement demanding a cost of living adjustment for graduate students. As part of this student action, there have been pickets often consisting of several hundred people daily. I have been fired as […]

    April 21, 2022

  • Asked and Answered

    Brown Act First Amendment Newsgathering

    When is it okay to videotape a meeting?

    […] may be subject to constitutional principles if it was held in a location considered a "public forum." Spaces such as sidewalks and parks have traditionally been used for conduct protected by the First Amendment, and are considered "public forums," and therefore conduct in these forums is protected by the First Amendment and can only […]

    December 5, 2010

  • Latest News

    Blog

    Apple is right: the order requiring it to create code to defeat iPhone security is “coerced speech” forbidden by the 1st Amdt

    […]  But Congress hasn't done so. It has addressed this complex subject only in a law (the Communications Assistance for Law Enforcement Act) regulating communications "carriers." (Think AT &T, Verizon, T-Mobile, et al). The All Writs Act is a far, far cry from the kind of  federal statute that can overcome the first amendment's prohibition […]

    March 7, 2016

  • Asked and Answered

    CPRA First Amendment Police Records

    Police say daily crime logs can’t be released to the public

    I have been seeking release of daily crime logs through the Police Department, preferably the day they are issued. The log is maintained by a patrol officer for 24-hour periods between 4 a.m. and 4 a.m. and through CPRA request have successfully obtained past logs electronically in .doc or .pdf format. However, the department […]

    June 17, 2016