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Asked and Answered

First Amendment

Can a public college bar employees speaking to the press?

[…] of other factors that may be relevant. As a threshold matter, it is important to note that citizens do not surrender their First Amendment rights by becoming government employees. The First Amendment is binding on public institutions. See Widmar v. Vincent, 454 U.S. 263, 268–69 (1981): ("With respect to persons entitled to be there, […]

September 17, 2015
Asked and Answered

First Amendment

Can an individual publish a legal notice in a newspaper??

[…] If it is the latter, then a newspaper has no obligation to publish it. 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.

May 17, 2013
Asked and Answered

First Amendment

Can CA legally charge fees for filming on private property?

[…] to contact Film L.A. Inc., the permit processor for the County of Los Angeles http://www.filmla.com/. 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.

May 14, 2015
Asked and Answered

First Amendment

If I painted a message on a building I own, can I be charged for creating illegal graffiti?

[…] public forums is protected by the First Amendment and can only be restricted if a high standard is met. In either a traditional or designated public forum, the government may restrict the time, place and manner of the speech through reasonable regulations, as long as enforcement is content neutral. Content-neutral restrictions are those that are both […]

October 12, 2015
Asked and Answered

First Amendment

How can Ebay censor my listing to sell Confederate Flag belt buckles?

[…] Listing Hello ... After reviewing your eBay account, it appears that you have violated eBay's Discrimination in a Listing policy. As a result, we've taken the following actions on your account:– Selling privileges have been temporarily restricted. You won't be able to list new items for 3 days. You're also not allowed to register […]

October 14, 2015
Asked and Answered

Can A Public Record Be Copyrighted?

[…] your attorneys consider it. 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.

April 4, 2018
Asked and Answered

CPRA

Blanket Denial of CPRA Requests from Law Enforcement Agency

I recently filed several California Public Records Act requests with a local police department. Some were fulfilled, some were blanket denied. I was hoping I could get some advice on where to go next to help further my reporting into the matter.

May 16, 2018
Asked and Answered

CPRA

Who Bears the Cost of Previously Public Documents Now Held By A Third Party?

[…] to this chapter." 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.

February 14, 2018
Asked and Answered

First Amendment

Where can we legally hold a protest?

[…] streets is still subject to "reasonable time, place, or manner restrictions," however, which -- very broadly speaking -- means that restrictions reasonably necessary to achieve a legitimate government objective and that are not based on the content of the speech may be permitted. Id. You might want to check local ordinances to see if […]

December 20, 2011
Asked and Answered

CPRA

Can I withdraw part of a CPRA request?

I have a request pending with a government agency, and based on questions answered in an interview, I would like to withdraw a portion of the request. Is it possible to withdraw a portion of a request under California public records law? Or would withdrawing a portion nullify my rights to the other records […]

August 16, 2013