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Asked and Answered

First Amendment

Restricted from displaying candidate info at debate forum

[…] "hit pieces." Their education efforts fail to differentiate hit pieces from information mailers which contain valid information, substantiated and relevant, about candidates. My question is whether I can pursue this as a legal action--I know that's asking for advice, but I'm actually asking if my 1A rights violated. Could a case be made for such?

July 19, 2012
Asked and Answered

Court Records

Obtaining records of traffic citations

[…] its electronic calendar, register of actions, and index. "Bulk distribution" means distribution of all, or a significant subset, of the court's electronic records. The electronic court calendar must include the date of court calendar, the time of calendared event, court department number, case number, and case title. Cal. Rules of Court 2077(b)(1). The register […]

June 14, 2009
Asked and Answered

CPRA

Animal shelters deny CPRA request for names of rescue orgs we want to support

[…] question: is the name of a rescue organization that "pulls" an impounded animal from a city/county CA shelter exempt from public disclosure in a California Public Records Act request? Our purpose is to direct pledged donations to these rescues but we are told the shelter does not provide the name of rescues that pull […]

October 16, 2015
Asked and Answered

CPRA

Does the CPRA cover CA Energy Commission applicants?

[…] photos to any member of the public who wanted to see them. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.

May 4, 2013
Asked and Answered

Court Records CPRA

How Do I Submit CPRA Requests to a CA County Court?

Does a court, judge and/or legal research attorney need to comply with a CPRA request? How can citizens format a CPRA request to view or obtain access to ALL records: electronic files, emails and texts from all devices? Should separate requests be filed for state & county agency? Is there a clean format to avoid delays?

June 15, 2018
Asked and Answered

CPRA

Are Emails Between Political Officials and Third Parties a Public Record in California?

[…] the emails could result in copyright infringement, and the emails include pre-decisional documents like drafts. To what extent are email exchanges between political officials and third parties subject to California Public Records Act requests, considering they "relate to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency"?

March 30, 2020
Asked and Answered

CPRA

Obtaining Procedures Manual

Government Code section 6254(f) of the Public Records Act contains an exemption for, among other things, the "security procedures" of any law enforcement agency, which would include the California Highway Patrol. It is not clear if the manual you want would be covered by this exemption. In one case, the California Court of […]

June 14, 2009
Asked and Answered

CPRA

Missing Records from Request

[…] the final document, when in fact, at least 80- pages that were not proprietary were excluded. I have documentation. Can I sue under the Calif. Public Records Act? This represents a very big issue that is under the county's jurisdiction. I need an attorney who isn't going to give into the county or is […]

June 14, 2009
Asked and Answered

First Amendment Social Media

The mayor blocked people on Facebook after they posted comments in support of Black Lives Matter. Is that illegal?

Blocking users from social media profiles has become a troubling trend amongst government officials nationwide, and the courts have not yet come to a consensus on how the First Amendment applies. As you may have heard, a federal court in New York found that President Trump’s blocking of certain followers on Twitter was a […]

June 6, 2020
Asked and Answered

Court Records First Amendment

Can a Newspaper Be Held Liable For How it Described Court Documents in a Story?

[…] and proceedings, such as court records, via the "fair report privilege," which is codified at Cal. Civ. Code § 47(d). The privilege generally applies to publicly available government records, official government reports, and statements made by government officials, and provides an absolute privilege where the reporting is a "fair and true" report of court […]

October 30, 2020