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Asked and Answered

CPRA

Dairy Plant Inspection Records

[…] question is that if the daily inspection records are maintained for enforcement or license purposes by the Department of Food and Agriculture, they are probably exempt from disclosure under Government Code section 6254(f) of the California Public Records Act. But if these inspections are routinely done and the reports are not created for an specific enforcement […]

June 14, 2009
Asked and Answered

CPRA

Court Employee Anonymity

[…] quotation omitted). In light of the many policy reasons the courts have recognized for treating the names of public employees as public information -- including accountability of government -- there is a good argument that generic concerns about privacy or security should trump the constitutional or common law right of access to the names […]

June 14, 2009
Asked and Answered

CPRA

County’s Technical Review

[…] reason, the County is not able to produce the draft, or any memoranda or correspondence relating to it, as those records would be exempt from production under Government Code Section 6254(h). The records would also be privileged under both the deliberative and attorney-client privileges and be exempt per Government Code Section 6254(k)." We are […]

June 14, 2009
Asked and Answered

CPRA

I was stopped from taking photos of court records with my phone to save costs. What can I do?

[…] submitted and received a Public Records Act Request of all individuals who had been charged with gang enhancements. However, there is specific information we also need but must pull the Superior Court case file to obtain such as: age, race, location, etc. These documents are electronic so we are unable to use our scanner […]

February 8, 2021
Asked and Answered

First Amendment Social Media

Is it a First Amendment violation when Twitter Suspends My Account for “Hate Speech”

[…] outside the scope of services we can provide through this Hotline. However, we can state that in general, First Amendment claims can only be brought when the government attempts to suppress the speech of its citizens — i.e. when there is "state action" that suppresses free speech. It is unlikely that you would have […]

March 23, 2020
Asked and Answered

CPRA Police Records

How can I access to the Zodiac Killer police files since law enforcement agencies are stonewalling?

[…] be uncooperative and often uncommunicative. In a number of my public records requests, they have used legal semantics and a vague interpretation of the California Public Records Act to stonewall my attempts at finding information. At this point, I fear a retaliatory lawsuit if I continue to pursue these matters, and I am frustrated […]

July 30, 2020
Asked and Answered

CPRA

Can the School District Refuse to Disclose Legal Fees Because of Attorney-Client Privilege?

[…] Primer. 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.

August 7, 2020
Asked and Answered

First Amendment

Do Volunteers Working with CA Prisoners Have the Right to Publish Stories About The Experience?

[…] of "facilities, staff, inmates" in the writing of books and magazine articles requires prior approval of the California Department of Corrections and Rehabilitation (CDCR) designee– all volunteers must sign paperwork to the effect that they have read the relevant section of the code, and understand these restrictions. However, the CDCR is known to be […]

November 9, 2018
Asked and Answered

Social Media

University Facebook Group Admin Threatened with Defamation Lawsuit

[…] options. 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.

April 16, 2019
Asked and Answered

Do Other Cities Have Sunshine Ordinance Task Forces as San Francisco Does?

[…] unique, although they often inspire each other. If you are facing an access issue in a particular area, it is probably best to determine whether the local government has enacted a Sunshine or Open Government Ordinance first. Then, determine if there is a Task Force or another special appeals process that the local government […]

April 14, 2022