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Asked and Answered

First Amendment Social Media

Suspended from job for posting negative comment on personal, private Facebook page

The First Amendment acts as a restriction only on the government. It does not restrict the actions of private entities or individuals (except that private individuals and entities may be indirectly limited in that their ability to receive relief from a court will be restricted). Therefore, when a nongovernmental employer takes action against an […]

February 16, 2012
Asked and Answered

CPRA

DMV denied request for records previously accessed. What should I do next?

[…] and confidential. Reasons listed for the denial: Gov. Code 6254, subdivision (k), as that section interacts with Evidence Code section 1040 (privileged official information), (2) pursuant to Government Code section 6254, subdivision (f), as intelligence or security information for licensing purposes, and (3) pursuant to Government Code section 6253.9 as information that would compromise […]

August 19, 2010
Asked and Answered

CPRA

As a retired public employee, can I access my payroll records using the CPRA?

[…] the IPA. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to inquiries, we can give general information regarding open government and freedom of speech issues but cannot provide specific legal advice or representations. I apologize for the long delay in responding to your inquiry.

May 16, 2012
Asked and Answered

First Amendment

Are words chosen for tombstone protected speech or can a Public Cemetery District censor them?

[…] the space at issue (in this case, the cemetery), as well as whether the restrictions at issue are content-based or content neutral. As to the "forum" analysis, government property is generally either a public forum, either by tradition or designation (i.e., sidewalks, parks) or a nonpublic forum. In a public forum, conduct is protected […]

October 4, 2011
Asked and Answered

CPRA School Records

Employment documents of officials

Can I request under the Public Records Act the resume and application for employment of a school district Superintendent and Assistant Superintendent. I have an interest only in the prior employment history and will assume the private data (address etc). will be blocked out. My interpretation of 6254(c) is that prior work history is […]

June 14, 2009
Asked and Answered

CPRA

Destroying public records under the CPRA

Under what circumstances can government agencies (i.e., a city government) destroy records? I see requests to destroy records from time to time on City Council agendas and this piqued my interest. One recent item stated that said records were "at least two years old" and ready to be destroyed. That seems odd but I […]

June 14, 2009
Asked and Answered

CPRA School Records

CPRA and student records

Do student records qualify as records whose disclosure is exempted pursuant to Federal law (FERPA) under the Ca. Public Records Act?If so, can I waive my right to privacy or is that exempted under FERPA so that I can make a Ca. Public Records request for these records?Would charges against a student (non-law enforcement […]

June 14, 2009
Asked and Answered

CPRA

What is a Draft? How does that affect Public Records Requests?

To withhold the report as a"draft," the city must meet a 3-part test set out by the California Court of Appeals: (1) it must show the report is"predecisional" -- i.e., it was prepared to aid the city in making some other decision; (2) it must show the report is not something that the city […]

June 14, 2009
Asked and Answered

CPRA

Title IX Compliance Report

Someone filed a complaint in 2007 alleging that the School District has failed to comply with Title IX of the Amendments to the Elementary and Secondary Education Act of 1972. Then OCR, the agency responsible for compliance with Title IX within the US Department of Education contacted the district and the district filed what […]

June 14, 2009
Asked and Answered

CPRA

Can I be charged fees for downloading court records posted online?

[…] records remotely, it may be that this provision does not quite fit the situation. 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.

February 4, 2014