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Cases

AP, Bloomberg, CNET, Wired.com, LA Times, CNPA join FAC motion in lost-iPhone case

[…] warrant affidavit (which you can see here) was filed May 5 and requests a hearing immediately. The motion argues that the affidavit is a public record that must be disclosed unless the District Attorney or other parties, in a hearing, can demonstrate a compelling justification for keeping the record secret. Not only is the […]
- Press Freedom
May 6, 2010
Latest News

Blog

A modern-day Scopes Monkey Trial is unfolding in a District of Columbia defamation case

[…] been investigated and substantiated on numerous occasions)." The Court went on to hold that National Review's statements were "based on provably false facts," which means Mann's case must proceed, presumably so the truth or falsity of the facts can be "proven." Setting aside that the text and tenor of the National Review article smells […]
- Free Expression
July 25, 2013
Cases

FAC, ACLU Oppose Temecula School Board’s Attempt to Throw Out Public Interest Lawsuit

[…] insisted the lawsuit should be dismissed under the state’s anti-SLAPP law. In response, FAC and ACLU’s brief argues that the anti-SLAPP statute does not apply to the governmental act of adopting an official policy, nor is the statute implicated simply because board members’ statements may be relevant to prove discriminatory intent. Even if the […]
- Free Expression
January 18, 2024
Asked and Answered

CPRA Police Records

Obtaining names of individuals involved in an incident

[…] disciplinary measures, can only get it within the context of filing a lawsuit, and the courts have read this as exempting such files from the Public Records Act. However, at least one decision has ruled under similar circumstances that this should not prevent a newspaper from getting the names of the individuals that were […]

June 14, 2009
Asked and Answered

Emails to officials

[…] that a mayor or city manager actually read an incoming email.As to the second issue, the general rules regarding the destruction of city records are contained in Government Code section 34090 et seq, the text of which can be found at the link below. http://caselaw.lp.findlaw.com/cacodes/gov/34090-34093.html There may be other local ordinances that may apply […]

June 14, 2009
Asked and Answered

CPRA

CPRA and copyright

[…] asking. It states that maps are covered as public records under the CPRA. At least one court in Florida has held that when that states' public record act makes a map a public record, this means that the state is abrogating any copyright it might hold in the map. See Microdecisions, Inc. v. Skinner, […]

June 14, 2009
Asked and Answered

CPRA

Waived copy fees

Under the PRA, agencies can waive the duplication fee for providing copies of public records. Moreover, section 6253(b) of the California Government Code provides that "upon a request for a copy of records," agencies shall make them "promptly available to any person upon payment of fees covering direct costs of duplication" (emphasis added). If […]

June 14, 2009
Asked and Answered

CPRA

Traffic Accident and DMV Records

Under Public Records Act ("PRA"), public records (which include "any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics," Govt. Code Section 6252(e)), are open to the public unless a specific provision of the PRA […]

June 14, 2009
Asked and Answered

CPRA

Trade secrets in public records

With respect to your questions below: (1) I am not aware of any provision of the Public Records Act that would cause an agency's failure to claim an exemption in an initial PRA response to waive the exemption. Section 6253(c) of the PRA seems to provide for a single "determination" with respect to a […]

June 14, 2009
Asked and Answered

CPRA

Time Frame to Respond to Record Requests

It might be useful to contact the agency and point out the provision of the Public Records Act that specifies that agencies "upon a request for a copy of records, shall, within 10 days from receipt of the request, determine whether the request, in hole or in part, seeks copies of disclosable public records […]

June 14, 2009