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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 [employee], 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
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Privacy Policy

[…] in the handling of your Personal Information in a way that differs materially from this Privacy Policy. 7. Compliance with Laws and Law Enforcement We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other information about you to […]

May 30, 2024
Asked and Answered

CPRA

Are State Bar records accessible under the public records act?

[…] v. California Legislature, Case No. 34-2011-80000929 (Sacto. Super. Ct. Dec. 2, 2011). 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.

June 8, 2012
Asked and Answered

CPRA

Using CPRA to learn rules governing Resort Improvement District #1

[…] You can find a sample public records request letter. 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. sample public records request letter

July 22, 2013
Asked and Answered

CPRA School Records

Public Records Act Request Denied Due to Inability to Redact “Deliberative Material”

[…] wording of the code that states: "If a record contains both factual and deliberative materials, the deliberative materials may be redacted and the remainder of the record must be disclosed." They rejected this claim stating that "Board Informatives are directly correlated to the deliberative material and redactions would not apply" as the "factual material […]

February 20, 2018
Asked and Answered

CPRA

Public Universities, Listservs, and Destruction of Records

Destruction of public records is governed by Cal. Government Code Section 6200, which specifies that: "every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his or her hands for any purpose, is punishable […]

June 14, 2009
Asked and Answered

Brown Act

City Council Action in Secret

Under the Brown Act, a city council is not supposed to take any action in secret, except where the matter can be discussed in closed session, and even then the council is required to disclose any action taken in closed session. See generally Gov't Code section 54953(c) and 54957.1. Consequently, if a vote of […]

June 14, 2009
Asked and Answered

CPRA Police Records

Can I Use the CPRA to access investigative files?

[…] request letter, on the FAC's website at Access to Public Records 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. Access to Public Records

March 26, 2015
Asked and Answered

CPRA

Coastal Permit access under PRA

[…] Act, including a sample request letter, at the First Amendment Coalition website: Public Records Act 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.

April 29, 2016
Asked and Answered

CPRA

CPRA request for animal shelter euthanasia log redact staff members names

[…] to accept stray dogs, and the shelter has chosen euthanasia as a means to meet that mandate, I would think that the performance of euthanasia is clearly the conduct of the people’s business and not in any way a personal or private activity. Is there any case law that would directly apply to this situation?

December 12, 2015