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Asked and Answered

CPRA

Is it legal to charge fees for viewing a transcript?

[…] attorneys' fees are available should you be required to take court action. Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to FAC 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.

October 21, 2011
Asked and Answered

First Amendment

1st amendment right to porn denied by senior center

[…] said, there are several conditions under which the the dissemination of non-obscene sexual materials may nevertheless be restricted. First, the First Amendment restricts only the acts of government. Thus if the senior center is a private facility, and not run by the government, the senior center would be free to adopt its own policies. […]

June 10, 2013
Asked and Answered

First Amendment Social Media

High school impeaches student president over Facebook rant

[…] Sch. Dist. v. Kuhlmeier, 484 U.S. 260, 266 (1988) ("A school need not tolerate student speech that is inconsistent with its basic educational mission, even though the government could not censor similar speech outside the school."); Bethel Sch. Dist. No. 403 v. Fraser, 478 U.S. 675, 682 (1986) ("The constitutional rights of students in […]

July 28, 2011
Asked and Answered

Court Records CPRA Police Records

Denied access to supervision records of high-risk parolee

[…] records of supervision for a high-risk parolee who is accused of murder. I sent a public records request and received a rejection letter that cites dozens of government codes in its defense. But I wonder if there's a way to fight that rejection. After all, that information has become public in several high-profile cases […]

November 30, 2011
Asked and Answered

CPRA

Agency won’t provide records in electronic format

[…] format, then it should give those files to you in that format. Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to FAC 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.

August 18, 2010
Asked and Answered

CPRA Police Records

Police refuse request for incident report from peaceful protest

[…] regarding my complaint was "non sustained." It gave me NO responses to my detailed request in the formal request. On July 29th I filed a CA Records Act request "to inspect and obtain" the investigation into my formal complaint as well as dispatch log information which resulted in the deputies responding to our location […]

September 9, 2011
Asked and Answered

CPRA Police Records

Denied police records because they were not in “searchable format”

[…] a specific arrest date, you may be able to get records through that method. Bryan Cave, LLC is general counsel for the First Amendment Coalition and responds to FAC 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.

August 17, 2012
Asked and Answered

CPRA

Can I be charged for postage for CPRA requested documents?

[…] the County Clerk asking for postage (I ask to have the documents e-mailed). Looking online, state agencies presumably charge for postage. I have made requests from other state agencies but I don't think they have charged me postage for items sent. I know local government folks state they can't charge for postage. So, can I be charged for postage?

September 13, 2016
Asked and Answered

CPRA

UC keeps extending my records request without providing a reason

First let me extend the Coalition's sympathies for your recent loss. The Public Records Act, at Government Code section 6253(c), provides that "each agency, upon a request for a copy of records, shall, within 10 days from receipt of the request, determine whether the request, in whole or in part, seeks copies of disclosable […]

September 8, 2011
Asked and Answered

CPRA

Public Agency claims investigation files are exempt PRA

[…] I was informed the case was closed. I asked for access to their files of the investigation and was informed that it was exempt from disclosure California Government Code § 6254 (f). My interpretation of the statute is that it refers to law enforcement alone and not every public agency. I have argued that […]

December 13, 2014