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Asked and Answered

First Amendment

Was Honking My Horn at a Police Officer Protected by the First Amendment?

[…] challenge. 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.

June 18, 2018
Asked and Answered

Court Records

Struggling To Access Court Records in Sacramento Divorce Proceedings

[…] County:http://www.sacbar.org/pro-bono.html 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.

April 3, 2020
Asked and Answered

CPRA Police Records

Police Reports

[…] the conference, the California Supreme Court has held that the police do not have to provide copies of the actual reports themselves, but that, under section 6254(f), must provide all the information listed in that section in the case of incidents or arrests. Williams v. Superior Court, 5 Cal. 4th 337 (1993). And the […]

June 14, 2009
Asked and Answered

CPRA Police Records

Police Firing Records

[…] least to the extent it applies to disciplinary matters." Copley Press, Inc. v. Superior Court, 39 Cal. 4th 1272, 1297-98 (2006). In other circumstances, the officers names must be released, but, apparently, not when it comes to disciplinary proceedings. Although Copley Press case dealt with administrative appeals of disciplinary proceedings involving non-probationary officers., it would probably […]

June 14, 2009
Asked and Answered

CPRA

Economic Interest Disclosure Statements

[…] to file a lawsuit to get a response and then get some of what you are asking for, you should be entitled to your attorneys fees under Government Code section 6259, which requires that "he court shall award court costs and reasonable attorneys fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to this […]

June 14, 2009
Asked and Answered

First Amendment Protest Rights

Do ‘disturbing the peace’ laws trump the First Amendment?

[…] section 415, subdivision 2 (disturbing another person by loud and unreasonable noise), which seems to be the subdivision that would be at issue in your case:In re Brown, the California Supreme Court stated: "e conclude that section 415 cannot, consistent with First Amendment rights, be applied to prohibit all loud speech which disturbs others […]

June 14, 2009
Asked and Answered

First Amendment Protest Rights

Can private shopping malls restrict my right to protest?

Our Peace Action group in Hawaii wants to demonstrate against military recruiters located in a private shopping mall. We'd like to know whether there is a right to access the recruiting office which transcends the right of the private shopping mall operators to remove us or have us arrested for "trespassing" in their mall. […]

June 14, 2009
Asked and Answered

Newsgathering

Accessing the black hole of the CIA

[…] not an Executive Order classifies as confidential CIA employment records (at least those for "operatives" employed at any time during the last 25 years, as the federal government recently announced that documents classified for national security reasons that are more than 25 years old will generally be declassified). There are cases going back a […]

June 14, 2009
Asked and Answered

First Amendment

Political sign bans by housing that receive public funds

[…] Golden Gateway case, the Court held that restrictions on distribution of newsletters could be imposed by the landlord because there was no "state action," i.e. no real government involvement. The federal courts have generally held that mere public funding of an entity, without state involvement in the actual constitutional violations at issue, does not […]

June 14, 2009
Asked and Answered

Newsgathering

Tape recording public gatherings and attendee rights

[…] permission from residents, those residents who are in attendance and wish to speak openly, to tape people at this private meeting? Our board understands that the process to ban taping will take 6 months to comply with the laws; however, what rights do the other residents have (who also attend the meetings) in this case?

June 14, 2009