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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
Asked and Answered

CPRA

Accessing public employee timesheets

[…] be made public. See International Federation of Processional Engineers v. Superior Court, 42 Cal. 4th 319, 331 ("he 'broadly based and widely accepted community norm' applicable to government employee salary information is public disclosure"). Similarly, the Supreme Court held that records containing the names, employing departments, and hiring and termination dates of California police […]

August 4, 2011
Asked and Answered

CPRA

CPRA request on pension investments was denied for the “public good”

I am seeking some clarification regarding the use of Government Code Section 6255(a) by the San Diego County Employees Retirement System and am wondering if there is any case law that shows the use of this law is not being applied correctly. I have included the information below that the plan provided me. "...documents […]

May 16, 2012
Asked and Answered

First Amendment

Regulating teacher speech

Government regulation of employee speech does implicate First Amendment issues and is sometimes unconstitutional. The question usually boils down to the "'balance between the interests of the , as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the efficiency of the […]

June 14, 2009