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Asked and Answered

School Records

Accessing information on claims against school district

The issue of access to Tort Claims Act claim forms has come up in several cases. It is by now clear that claim forms are not exempt from disclosure under the pending litigation exemption (Gov. Code section 6254(b). In Poway Unified School District v. Superior Court, 62 Cal. App. 4th 1496 (1998), the California […]

June 14, 2009
Asked and Answered

Newsgathering

Do reporters have to sign in at public schools?

[…] that people who are not pupils, parents, or employees of a public school, and who are not required by their employment to be at a public school, must leave the school if requested to do so by the principal or the designee of the principal. A request that someone leave the school can only […]

June 14, 2009
Asked and Answered

CPRA

Cal Expo Data

[…] have the data, there should be no cost for reproducing the data. It appears that my right to use the data is covered under the California Records Act. However, I'm attempting to ensure that there isn't a reason why this would be proprietary or otherwise wouldn't be accessible to me, or anyone else for […]

June 14, 2009
Asked and Answered

CPRA

University of California Collections

[…] legal dept at UCLA insists that while they have no idea who is the legal owner of the archive, since they are "the possessors", that they are not allowing access to it anymore, as of last week. I believe this widely-known scientific study should fall under the Public Records Act and be made available (again).

June 14, 2009
Asked and Answered

CPRA

Filing Complaint under State Audits Guidelines

[…] State Audits web page (http://www.bsa.ca.gov/hotline/), I filed a complaint online concerning the improper use of outside contractors. I have requested various documents under the California Public Records Act in support of this complain. To date, I've only received a copy of the contractor agreement describing the scope of work, term of agreement, and related […]

June 14, 2009
Asked and Answered

First Amendment Newsgathering

The DA gives information to other media, but refuses to make it available to our newspaper

[…] Now, the DA refuses to provide public information on court cases that we can only get (and have gotten for 35 years) over the phone. I believe there is a statute somewhere that requires government officials to provide news to outlets on a non-discriminatory basis. The DA does give info to other news media here.

August 20, 2010
Asked and Answered

First Amendment Social Media

School District dictatorial about student use of social media, texting

[…] to write to the school administrators reminding them of the students’ First Amendment rights. 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.

June 15, 2015
Asked and Answered

Newsgathering

Newspaper Facing Possible Retaliation Over Reporting On Local Scandal Involving City Hall

[…] paper, certain members of City Hall and the City Council have been intimidating some residents and businesses. They are afraid to make public comments or step forward for fear of retaliation from the city. Our small news organization is now fearful about retaliation for reporting the news on this activity. What is our legal position?

April 27, 2022
Asked and Answered

First Amendment Social Media

Did Facebook Violate My First Amendment Rights When it Deleted My Comment As “Hate Speech”?

In general, First Amendment claims can only be brought when the government attempts to suppress the speech of its citizens — i.e. when there is "state action" that suppresses free speech. It is unlikely that you would have any claim against a privately-owned website for infringement of your First Amendment right to free speech. […]

October 30, 2020
Asked and Answered

CPRA

Accessing Aggregated Medical Information for COVID-19 Deceased

[…] cause of death was attributed to COVID-19 on the grounds that releasing that data would violate health information privacy rules under HIPPA (Health Insurance Portability and Accountability Act). I do not want a list of information for each individual. I want to aggregate data on demographics. I understand HIPPA protects the individually identifiable health […]

October 30, 2020