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Asked and Answered

First Amendment Social Media

The mayor blocked people on Facebook after they posted comments in support of Black Lives Matter. Is that illegal?

Blocking users from social media profiles has become a troubling trend amongst government officials nationwide, and the courts have not yet come to a consensus on how the First Amendment applies. As you may have heard, a federal court in New York found that President Trump’s blocking of certain followers on Twitter was a […]

June 6, 2020
Asked and Answered

Court Records First Amendment

Can a Newspaper Be Held Liable For How it Described Court Documents in a Story?

[…] and proceedings, such as court records, via the "fair report privilege," which is codified at Cal. Civ. Code § 47(d). The privilege generally applies to publicly available government records, official government reports, and statements made by government officials, and provides an absolute privilege where the reporting is a "fair and true" report of court […]

October 30, 2020
Asked and Answered

First Amendment Social Media

I Have Been Blocked from My State Senator’s Instagram Account. What Can I Do?

My state senator has blocked me from making comments or accessing his Instagram account, which is his official Instagram account for the Office of State Senator, and it is clearly a violation of First Amendment rights as a government official, and I need help getting them to reverse the action or sue this senator.

March 27, 2020
Asked and Answered

CPRA

How Do I Access Decades-Old 911 Audios?

[…] manner in which the record has been stored." Gov’t Code § 6252(g). As such, you may request virtually any form of media in the possession of a government agency, including audio recordings. A good first step to obtaining the 911 records you seek is to make a written request. You can find a sample […]

September 24, 2021
Asked and Answered

CPRA

Are Citizen Bond Oversight Committee Applications Public Records?

[…] applications of Citizen Bond Oversight Committee members, however, the school district denied "the request stating my request for the completed applications are protected from disclosure pursuant to Government Code section 6254(c), disclosure of which would constitute an unwarranted invasion of personal privacy." I reviewed the government code and think it does not apply to […]

May 15, 2020
Asked and Answered

CPRA Police Records

How Do I Request 911 Call Transcripts?

[…] information. 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.

March 25, 2020
Asked and Answered

CPRA

City Council Is Proposing to Order Police to “Resist” PRA Requests

We have a City Council unfamiliar it seems with the First Amendment. The most recent proposal is to order the police to "resist" public records act requests for certain booking photos. The local journalist here is standing pretty much alone. My interest is only concerned citizen. I just looking for the ammunition to be […]

May 17, 2019
Asked and Answered

CPRA School Records

PRA Response Says Records Were Not Found, But I Know They Exist. How to respond?

[…] there is evidence that this correspondence does exist, and the campus newspaper has copies of this correspondence, you might want to let the university know that under Government Code § 6254.5, "if a state or local agency discloses a public record that is otherwise exempt from this chapter, to a member of the public, […]

May 6, 2019
Asked and Answered

CPRA

Toll Road Agency Says There is No 14-day Requirement for Responding to CPRA Requests

The Transportation Corridor Agency (TCA) that manages toll roads has sent me an email saying that there is no 14-day requirement for responding to a California Public Records Act request. Also, if a legal matter was brought is it customary for the government agency to pay for attorney’s fees?

January 20, 2021
Asked and Answered

CPRA

Is A Letter From A Water District Lawyer A City Attorney Public?

[…] exempt under 6254(k). 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.

December 7, 2018