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Asked and Answered

CPRA

Can a California agency deny my records request without providing any citations or reasons?

I am encountering a problem with regards to the California Public Records Act and state parks. I was seeking log sheets, invoices, work orders or receipts regarding a five-year project. I received the log sheets and a map of the work area but nothing more.No explanations or citations of the law were given to […]

September 23, 2020
Asked and Answered

First Amendment Social Media

Can I Sue Facebook For Censoring Me?

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. As such, it is unlikely that you would have any claim against Facebook for infringement of your First Amendment right to free speech. […]

April 24, 2022
Asked and Answered

Court Records

How Can LA County Superior Court’s Website Charge a Non-Refundable Fee to Search the Database?

[…] actual documents other than in person. It seems like they may be overcharging based on the costs of maintaining records and supplying them for free to other government agencies. Has anyone ever requested statement of costs from the court. It seems particularly egregious to charge such a fee when the only other option to […]

April 21, 2022
Asked and Answered

Newsgathering

What Are the Rights and Restrictions of Photo-Journalists Covering Wildfires?

[…] remote lands allows a reasonable ability to take photos even on private property during a natural disaster. My photographer tells me he was just standing in what must have been the front yard. (It is hard to tell as it was a major fire and there was a lot of damage ongoing.) Otherwise, reporters […]

November 13, 2018
Asked and Answered

First Amendment

Seeking Information On Probation Compliance Of Parolee Who Committed Murder

[…] and responded that he couldn't release any information and we would need to petition the court for release of the records. Is this accurate? Does this PC section actually prohibit Probation from releasing such information? And, if so, how does one go about petitioning the court for the release of a probation officer's notes, etc.?

December 11, 2018
Asked and Answered

CPRA

Does CPRA Allow Photographing Disclosed Records?

[…] not. Bryan Cave Leighton Paisner 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. No attorney-client relationship has been formed by way of this response.

May 7, 2019
Asked and Answered

CPRA Police Records

I Called Police About My Loud Neighbors Gathering During COVID. Were These Redactions Lawful?

This concerns a California Public Records Act request I recently made to a Police Department, and the response I got back improperly withholding some information from one of the responsive and disclosable Computer Aided Dispatch (CAD) Call Reports. Recently, one of the neighbors was having a very loud late-night party and illegal gathering (vis-à-vis […]

January 20, 2021
Asked and Answered

CPRA

What Is The “Actual Cost” An Agency Can Charge For Fulfilling A Public Records Request?

[…] car. I looked up the California Vehicle Code that applies to traffic collisions, and it says the police department may not charge anything other than the " actual cost" of producing the record. My understanding of "actual" cost means that they may charge for what it costs to print the copies, not for labor, […]

April 10, 2020
Asked and Answered

CPRA

How Do I Determine What Records are Available Before Making CPRA Request?

[…] this information so that I can craft a CPRA request that is as narrow as possible. I emailed the administrator of the California Lifeline program at the CA Public Utilities Commission (CPUC) and am awaiting a response. Should I make a CPRA request to get the information I need to create my actual CPRA request?

November 28, 2018
Asked and Answered

Newsgathering

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

[…] sidewalks. Bryan Cave Leighton Paisner 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. No attorney-client relationship has been formed by way of this response.

January 7, 2020