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  • Cases

    FAC Asks Court to Depublish Opinion Misconstruing Reporter Shield Law Protections

    […] reporter’s notes of an interview with a co-defendant. As explained in the letter, the decision diluted the rights of reporters by misconstruing the burden a criminal defendant must carry to justify piercing the reporter’s shield law. From the letter: "Absent depublication, the will make the shield law less effective and encourage criminal defendants to […]

    January 9, 2024

  • Cases

    Howey v. City of Fresno

    On April 18, 2023, Brian Howey, an Oakland-based investigative journalist, sued the City of Fresno under the California Public Records Act (CPRA) for the city’s refusal to release use-of-force records regarding the 2004 death of Michael Sanders, who was tased 10 times–resulting in multiple puncture wounds and severe burns to his groin–by three Fresno […]

    June 16, 2023

  • Cases

    Porter v. Martinez

    […] her speech has been chilled by the threat of continued enforcement. Unfortunately, both the district court and Ninth Circuit Court of Appeals ruled in favor of the government. In her dissent, Ninth Circuit Judge Marsha Berzon noted that the majority’s ruling upheld "a ban on a popular form of political expressive conduct" without any […]

    December 12, 2023

  • Posts

    First Amendment Press Rights

    FAC Urges Alameda Board of Supervisors to Reject Ordinance that Criminalizes Observing or Reporting on Sideshows

    […] events occurring in public, even if those events are illegal. Such reporting is essential to informing the public, exposing or protesting unlawful conduct, or otherwise speaking out or petitioning the government. The draft ordinance would unconstitutionally punish the exercise of these core First Amendment rights. See the letter to the Alameda Board of Supervisors below.

    June 13, 2023

  • Posts

    First Amendment Press Rights

    FAC Joins Letter to Sacramento Police Over Treatment of Journalists at Protest

    […] training for officers on First Amendment issues. It is important that Sacramento police safeguard the rights of journalists, especially given that the city is the seat of government power in California. We hope to engage with you in a constructive dialogue that will be productive for all sides–your department, the city, and the journalists […]

    March 18, 2019

  • Posts

    First Amendment

    FAC Condemns Speech-Chilling Tactics of Cypress City Hall

    […] a local woman, that her social media post about city business was "potentially libelous" and suggested she remove it, which she did (read news coverage). "Critique of government is democracy, not defamation," Loy wrote to the city. If the city wished to dispute a community member’s claims, Loy wrote, it is free to do […]

    August 1, 2022

  • Posts

    First Amendment

    FAC Condemns Kern County for Violating Local Man’s First Amendment Rights

    […] state agency about handling of his public records requests. The letter explains why county counsel's threat of legal liability under a state law called the False Claims Act is not only baseless but a First Amendment violation. FAC Legal Director David Loy calls on County Counsel Margo Raison to immediately withdraw the office's speech-chilling […]

    June 28, 2022

  • Asked and Answered

    Is County Transit’s denial of our ads based on content, violating free speech?

    […] that it views as an "issues" advertisement, or non-commercial ad, would withstand constitutional scrutiny. 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 18, 2015

  • Posts

    FAC, ACLU Letter in Support of Tuolumne County’s Proposed Repeal of Public Records Fee Ordinance

    […] the Tuolumne County Ordinance Code, which allows the county to charge for staff time to search for, compile, and deliver records in response to California Public Records Act requests. The letter notes that while the county says it has not charged fees since 2019, the fees are unlawful and the ordinance should be repealed […]

    February 5, 2024