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Asked and Answered

First Amendment

Can I be kicked off advisory committee for blogging about politics?

The First Amendment indeed forbids government officials from retaliating against individuals for speaking out. Blair v. Bethel School Dist., 608 F.3d 540, 543 (9th Cir. 2010). In order to recover for such retaliation, you would have to prove that (1) you were engaged in constitutionally protected activity; (2) as a result, you were subjected […]

March 5, 2012
Asked and Answered

Brown Act

Closed sessions to hire and decide pay for outside counsel

Section 54956.9 of the California Government Code provides that the legislative body of a local agency, "based on advice of its legal counsel," may hold "a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of […]

June 14, 2009
Asked and Answered

First Amendment School Records

First Amendment rights on college campuses

I have run into some First Amendment issues on my college campus. My participation in basic First Amendment activity has resulted in threats of disciplinary action and I also have been denied access to public records. Do First Amendment rights apply to college campuses?

March 21, 2016
Asked and Answered

CPRA

FOIA request California State Parks internal investigation

[…] in litigation filed pursuant to this section." Gov’t Code § 6259(d). 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 unless separately retained.

June 1, 2016
Asked and Answered

Newsgathering

Rules for Redactions in Florida Public Records

[…] records. Here is a link: You might want to first review this statute to see what it says about exemptions and redactions (see Section 119.07(d), which authorizes government personnel to redact information if the information falls within one of the statute’s recognized exemptions, which begin at section 119.071), as well as enforcement of the […]

June 19, 2018
Asked and Answered

CPRA

Public Agency Denied PRA Request Claiming Trade Secret Exemption

[…] an email stating they are invoking the right to withhold the financial data related to State Plan Amendment 18-007 under the privilege for trade secrets pursuant to California Government Code section 6254(k) in conjunction with California Evidence Code section 1060. This is public financial accounting, commercial firms are exempt. Can you advise how to proceed?

January 3, 2020
Asked and Answered

CPRA

Are Construction Permits Accessible Under the CPRA?

[…] the public and must be disclosed unless a specific provision of the Act or other law exempts them from disclosure. Cal. Gov. Code § 6252(e). If a government agency is claiming that certain records are exempt under the CPRA, it is required to cite the specific exemption and explain how it applies to the […]

April 26, 2022
Asked and Answered

CPRA Police Records

Despite New Laws, My Request for Police Body Camera Footage Has Been Repeatedly Denied

[…] 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.

February 8, 2021
Asked and Answered

First Amendment

What Are My Rights as a Journalist Arrested And Detained Without Cause?

[…] right to protected speech "threatens to inhibit exercise of the protected right."Lacey v. Maricopa Cnty., 693 F.3d 896, 916 (9th Cir. 2012). Federal law allows lawsuits against government actors, state or federal, who attempt to deter the exercise of constitutional rights. In order to show a First Amendment violation under 42 U.S.C. § 1983, […]

April 21, 2022
Asked and Answered

CPRA

How to Request Information Stored in a Database?

How does the California Public Records Act handle information stored in a database rather than a specific record (e.g. an existing, stand-alone document)? For example, if I'm looking for historical financial information on a public works project at my city, the data might be in a database and would require city staff to run […]

March 11, 2020