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Asked and Answered

FOIA

Does Excessive Redaction of FOIA Requested Documents Constitute Censorship?

[…] Act (FOIA), 5 U.S.C. § 552, is a federal open records act that provides a mechanism to gain access to public records. The FOIA requires that a government agency produce existing records that are not otherwise exempt. 5 U.S.C. § 552(a)(2). Under FOIA, there are nine categories of documents that are exempt from disclosure. 5 […]

February 27, 2018
Asked and Answered

CPRA

Can I access a deceased relative’s employment records?

[…] 6254(a)–(z). One of these exemptions, § 6254(k), also incorporates confidentiality required by other provisions of state and federal law. Finally, there is a "catch-all" exemption that the government will sometimes invoke if a more specific exemption doesn’t apply. See Gov’t Code § 6255(a). This catch-all focuses on whether the public interest would be best […]

September 12, 2014
Asked and Answered

CPRA

Can my access to public records be limited to “by appt. only”?

[…] you in writing, and give any reasons why it has denied your request. Bryan Cave LLP is general counsel for the First Amendment Coalition (FAC) 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 26, 2016
Asked and Answered

First Amendment

Can Craigslist block political free speech?

As you are aware, the First Amendment serves only as a limitation on the government; it does not constrain the activities of private persons and organizations who do not seek to use the government's processes. As such, it does not restrict Craigslist as a private entity from controlling the content of its websites. I […]

March 5, 2012
Asked and Answered

CPRA Police Records

Denied request for identities of homicide victims four years after the crime

[…] for the name and date of birth of the victims, but the department says they may not release the info. Do you know if and when they must release that information? Is it when the investigation is complete? And a related question: Does a police department have to show you a case file when […]

November 16, 2014
Asked and Answered

Newsgathering

Does Ohio law allow videotaping of council meetings?

[…] my local council meetings and digitally record them on my computer. This seemed to have made a certain councilman angry. My question is, that I consider the act of recording a public council meeting and then airing portions of them on my show to completely legal. Is this legal? And can I also post […]

August 23, 2011
Asked and Answered

CPRA

City says it can’t fulfill CPRA request for a month

[…] delay was unreasonable and that litigation was necessary to force the disclosure. 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.

May 10, 2012
Asked and Answered

CPRA Police Records

How to access arrest warrants

[…] fingertips, must surely be documented in some way or another. Holme Roberts & Owen 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.

July 8, 2011
Asked and Answered

CPRA

Why did one county deny a PRA request that most others quickly fulfill?

[…] from local business’s in the area. Here is what I sent: 5/21/2013 RE: Public Records Request Dear City Clerk, Pursuant to the California Public Records Act ( Government Code Section 6250 et seq.), I hereby formally request to obtain a copy the following, which I understand to be held by your agency: All Backflow […]

July 25, 2013
Asked and Answered

CPRA

Can city business hide behind attorney/client privilege?

[…] this council member cut him off in traffic, made a vulgar hand gesture and used obscene language while driving the city vehicle. I made a public records act request seeking a copy of this email and was informed that I could not get this email because the city attorney had been copied and it […]

July 23, 2013