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Asked and Answered

First Amendment

Can a newspaper be sued for the content of a letter to the editor?

[…] with you, as we have many years of experience with these types of lawsuits. Bryan Cave 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 14, 2015
Asked and Answered

CPRA Newsgathering Police Records

Accessing reports on police officer involved shooting

[…] should release the records in a redacted form. Gov't Code § 6253(a). 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.

April 16, 2013
Asked and Answered

CPRA

How are attorney’s fees calculated in CPRA cases?

First off thank you so much for providing such a boon to transparency in government. I've found an attorney willing to take a CA Public Records Act ("CPRA") case where the would-be defendant won't disclose records that clearly should be or provide an exemption or other concrete reason for not providing the requested documents. […]

July 27, 2010
Asked and Answered

First Amendment

Protesting on school grounds

[…] public fora. See ACLU v. City of Las Vegas, 333 F.3d 1092, 1099 (9th Cir. 2003). "Public fora have achieved a special status in our law; the government must bear an extraordinarily heavy burden to regulate speech in such locales." Grossman v. City of Portland, 33 F.3d 1200, 1204 (9th Cir. 1995). In order […]

June 14, 2009
Asked and Answered

CPRA School Records

District denies teacher access to defaming emails

[…] you may consider suggesting the school district redact all information not pertaining to you. Bryan Cave 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.

November 12, 2013
Asked and Answered

CPRA School Records

School district denies all complaint related CPRA requests

[…] you how it determined that the public interest in disclosure was so clearly outweighed. Bryan Cave 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.

May 21, 2013
Asked and Answered

CPRA

Am I allowed to make my own copies instead of paying the agency fees?

A local government agency has allowed me to inspect public records per a PRA request, but refuses to allow me to make copies at my own expense. Instead they maintain the position that my rights end at inspection and I would need to pay them to make any copies. Are you aware of any […]

September 14, 2011
Asked and Answered

CPRA Police Records

Seeking 911 records for wrongful death

[…] included in the statutory definition of a "health care provider." It reasoned that the term included persons ‘reasonably believed to be such by the patient.’" See Open Government Guide, Access to Public Records and Meetings in Louisiana, Sixth Edition (2011), Section (IV)(N)(3). In any event, you should probably submit a written request for the […]

March 28, 2016
Asked and Answered

CPRA Newsgathering Police Records

Requests for crime reports denied by police department

[…] having trouble obtaining crime reports from our local police department. I've requested crime reports twice and both times I'm told that they are being withheld because of Government Code section 6254(f). To be clear, one time I requested all crime reports that had been filed over a month period. The second time, I requested […]

July 10, 2017
Asked and Answered

CPRA

Request for sheriff’s homeless policy leads to trouble

[…] by the County Sheriff in conjunction with numerous other county agencies. The Sheriff's Department responded that they had "been unable to locate responsive documents and as such cannot comply therewith." In addition, the sheriff's department then engaged in retaliatory intimidation, sending a deputy to question the person whose name appears on the request for information.

March 30, 2010