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Asked and Answered

CPRA

Is it legal to sell public records for profit?

Can a person request records under the CA Public Records Act and then make money off of the re-distribution of these records? For example, can the records be put on a website that has advertising or can the records be outright sold? Clearly people could still request the records directly from the agency if […]

May 16, 2012
Asked and Answered

CPRA

Are worker’s comp claims public documents?

[…] disclose them in redacted form, under Gov't Code § 6253(a). 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 27, 2011
Asked and Answered

CPRA

Are public records requests public records?

[…] in its possession, these requests would themselves be subject to the 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.

September 9, 2014
Asked and Answered

CPRA

What does the CPRA say about an agency charging a $48 “clerical fee”?

I'm interested in getting some feedback from someone a little more experienced at filing public records act requests. I'm a little suspicious of the Department of Fair Employment and Housing charging a $48 "clerical fee"although their invoice does not list the amount of pages or mailing fee, implying the search has not yet been done. The request […]

September 15, 2015
Asked and Answered

CPRA

Can an agency’s CPRA defense go beyond the exemptions in the initial denial?

I was recently denied government records based on a single specific exemption to the California Public Records Act. I truly believe these records should be public so I filed a lawsuit myself to compel disclosure. After serving the lawsuit, the head of the agency informed me during a meeting that they may defend the […]

September 16, 2010
Asked and Answered

First Amendment

Threatened with Libel Suit for Email I Wrote Discussing Candidates

[…] to her lawyer. Current officials/candidates were coerced to condemn and shame me. I feel my First Amendment rights were abridged when she used her public influence and government officials to silence and condemn me. I have no form of social media. I don't know how my email was intercepted. I feel I should have […]

February 16, 2018
Asked and Answered

CPRA Police Records

Under CPRA, do I have a right to know who issued a citation?

[…] an agency must show that a provision of the PRA exempts the record from disclosure. The first issue when using the PRA to obtain information from the government is often to identify a record that contains the information you seek. If the name of the issuing officer never appeared on the documents you received, […]

September 10, 2014
Asked and Answered

First Amendment Newsgathering

Press Credential renewal denied by CCAC

[…] Correspondents Association of California ("CCAC") denied your application for a press credential. Your inquiry raises several questions about the First Amendment and, specifically, the ability of the government to regulate free speech and the press. From what I understand, the CCAC purported to deny your application based on Article XI of its by-laws, which […]

April 13, 2016
Asked and Answered

CPRA

Does an email search qualify as “data compilation” under CPRA?

[…] the agency will be required to pay your attorney’s fees. 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.

April 25, 2016
Asked and Answered

First Amendment Social Media

Blocked and Bullied by City Council Member

[…] might find helpful. 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. No attorney-client relationship has been formed by way of this response.

January 26, 2018