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Asked and Answered

First Amendment

Yelp violates right to freedom of speech by “filtering” good reviews out, leaving bad ones in!

[…] not be useful to invoke the First Amendment in this situation. The reason for this is that, generally speaking, the First Amendment governs speech restrictions imposed by government actors rather than private parties. That is, the First Amendment might preclude a government agency from interfering with my handing out flyers in a public square, […]

May 16, 2012
Asked and Answered

CPRA

is there a deadline for filing suit over denial of requested records?

[…] consider filing a lawsuit sooner rather than later so as to avoid any claim by the agency that the lawsuit was untimely and therefore should be dismissed. Government Code Section 6259 allows you to file a lawsuit. Lawsuits to enforce the PRA are usually initiated by a verified petition (i.e. a request filed under […]

June 5, 2017
Asked and Answered

CPRA

Appeal of Superior Court Denial of Writ of Mandate Under Public Records Act

I am litigating a public records act petition for writ of mandate in Superior Court. The tentative initially went in my favor, but after oral argument, the court reversed its position and denied my petition outright. I am considering an appeal. Are appeals of petitions for writ of mandate under the PRA discretionary, […]

April 10, 2018
Asked and Answered

CPRA

Are cast ballots public records?

[…] applies to election ballots. However, there may be other laws, such as those found in either California or federal election statutes, which are incorporated into the CPRA under Government Code § 6254(k), that might prevent disclosure. I quickly searched the California Election Code to see if I could find an express exemption and turned up […]

September 3, 2016
Asked and Answered

CPRA

Is gender of foster care staff public information?

[…] of the BRV test above (as counsel should have done in the first place). 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.

August 13, 2014
Asked and Answered

CPRA Police Records

How can I get the police dept. to release a shooting report?

The local police department is refusing to release a report on a shooting. Many months have passed since the incident. They give no explanation for their actions. What would be the best way to proceed to get them to release the report?

September 30, 2011
Asked and Answered

CPRA Police Records

Police refuse to release names of individuals who bought stolen laptop

Unfortunately, the Public Records Act does provide the police with the discretion to withhold witness names under Government Code§ 6254(f). Under the Act, police investigatory records are generally exempt from disclosure, except that certain information is required by to be disclosed by law enforcement agencies regarding a particular incident, e.g., the name and addresses of […]

December 12, 2014
Asked and Answered

CPRA Police Records

Police Records and Investigation Files

[…] 10 days of your original request. The department's written response must specify the PRA's exemptions that the department is relying on to refuse releasing the records. (see Government Code section 6255). If only a portion of the records you have requested are exempt, the department must release any records that are not exempt. I […]

June 14, 2009
Asked and Answered

CPRA Newsgathering Police Records

Police blotters and the CPRA

[…] days. I said okay, and went back to check the public records laws. Is it true that police blotters (or incident logs with all the basic information) must be made available daily or whenever we request to see them? I also noticed the descriptions on the blotters were nonexistent. There is only a phrase […]

June 14, 2009
Asked and Answered

CPRA

Outside City Lawsuit Settlements

[…] earlier this year about the City's obligation to make the settlement agreement public, under the Public Records Act ("PRA"), records in the possession of state and local government entities are presumed to be public unless one of the PRA's enumerated exemptions to disclosure applies. See Cal Govt Code Section 6252. I know of no […]

June 14, 2009