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The Tyranny of the Minority: A Post-Charlottesville Theory of the First Amendment

[…] the minority," in which a (vanishingly small) minority viewpoint has not only the protections of the First Amendment behind it, but the full force of the American government at its service So when free-speech advocates such as myself opine that white supremacist Richard Spencer and his supporters are entitled to First Amendment protection against […]
- Free Expression
February 6, 2018
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The Powerful anti-SOPA protests show why corporations, too, need First Amendment rights

[…] be a Ron Paul supporter to appreciate that, for corporations (like Google, Twitter, Facebook and Microsoft), there is nothing more intimidating than being in the cross-hairs of government law enforcement agencies, egged on by pissed-off members of Congress with power over the agencies' budget appropriations. Corporations, no less than individuals, need First Amendment protection […]
- Free Expression
January 20, 2012
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Thanks to AG’s threats to indict press in leak cases, reporters need not rely on 1st Amendment to protect sources. They can take the Fifth.

[…] one is implicitly admitting guilt. In fact, the Fifth amendment does not so much imply guilt as it does a refusal to be of assistance to the government in meeting its burden of proving guilt. Why offer to help a prosecutor who wants to put you in jail? But even if the implication of […]
- Press Freedom
June 2, 2009
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Blog Cases

Supreme Court to hold oral argument in FAC case this Wednesday at Boalt Hall. Be there!

[…] Bar is subject to a legal right of public access to its records. The Bar, as a judicial branch entity, is exempt from the California Public Records Act. That much is undisputed. This case addresses whether records of the Bar are nonetheless "public records" under alternative legal theories. One theory is a "common law" […]
- Government Transparency and Accountability
October 7, 2013
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San Francisco City Attorney Releases Reams of Records in Response to FAC CPRA Request

In response to multiple California Public Records Act requests from the First Amendment Coalition, San Francisco City Attorney Dennis Herrera produced hundreds of pages of emails between Herrera campaign supporters and Herrera's staff or Herrera himself. The City Attorney initially asserted that the records were not subject to disclosure under the CPRA. FAC respectfully […]
- Government Transparency and Accountability
November 8, 2017
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Revisiting Citizens United decision: Not as harmful as feared, and actually provides a 1st Amendment rationale for curbing super PACs

[…] purchase of TV and radio ads or otherwise) by combining one's contribution with those of others is outside the zone of First Amendment protection and subject to government limits. Gorge Soros, on his own, is therefore free to spend millions to benefit President Barak Obama. So is Warren Buffett. However, Soros and Buffett may […]

June 1, 2012
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Reader Response

[…] October 11, 2006, I received an e-mail message from an organization calling itself the California First Amendment Coalition. The message header was "Flash: First Amendment and Open Government News," surely something I'd be interested in reading. The body of the message was a re-print of the current lead article, Vol. 16, no. 16, on […]

June 2, 2009
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One judge’s brilliant (and hilarious) rejoinder to lawyers trying to cut off public access to court documents

[…] the conviction, bordering on fetishism, among lawyers representing corporations that every bit and byte of information about their client, no matter how obvious, widely known, or inconsequential, must be sealed because it is so sensitive that disclosure will imperil the firm's very existence. Good judges, like Breyer, apply a healthy dose of skepticism to […]
- Government Transparency and Accountability
August 25, 2015
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Nonprofits to downsizing law firms: Loan us your laid off junior lawyers; we'll return them when the economy recovers

[…] example, consider the California First Amendment Coalition, the organization I am associated with. We need a staff litigator to initiate and handle important free speech and access-to- government cases across the state. To hire a lawyer would require our securing a foundation grant for that purpose--no small feat in the current economy and, in […]

June 3, 2009
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Cases Press Release

Ninth Circuit Refuses to Rehear Honking-As-Speech Case

[…] 2018, the federal lawsuit asserts a First Amendment right to freedom of expression through horn use. In February 2021, the district court ruled in favor of the government, finding Section 27001 is a permissible, content-neutral regulation. On appeal before a panel of the Ninth Circuit, Porter’s attorneys argued that the statute is a content-based […]
- Free Expression
May 23, 2023