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Asked and Answered

CPRA

City study taken off website after one day

[…] retained by any state or local agency regardless of physical form or characteristics," Govt. Code section 6252(e) -- are presumed to be open to the public and must be disclosed unless a specific provision of the PRA or other law exempts them from disclosure. There is, however, a provision of the PRA that exempts […]

March 23, 2010
Asked and Answered

CPRA School Records

School refuses to explain why principal fired behind closed doors

[…] meeting with the school board. Board members say they CAN'T talk about the decision. I made a written request for the files. They say they don't have to show me the file's under government code 6250. I don't believe that's true. Most of the employees at the school agree with me, but cannot speak up.

March 5, 2012
Asked and Answered

Newsgathering

Videotaping public reservoirs

[…] liable for the publication of private facts when private information about a person is published and the information has no newsworthy value. For liability to exist, there must be (1) public disclosure; (2) of a private fact; (3) that identifies the plaintiff; (4) the disclosure of which would be offensive to a reasonable person; […]

June 14, 2009
Asked and Answered

CPRA

City Wrongly Applying “Deliberative Process Exemption” To Requested Records

[…] your request for copies of the documents. If the City continues to refuse to disclose the records, your ultimate recourse would be to file a lawsuit under Government Code section 6259. Lawsuits to enforce the CPRA are usually initiated by a verified petition (i.e., a request filed under oath) that asks the court to […]

February 9, 2018
Asked and Answered

CPRA

Required to pay research fee for building permit search

[…] 25 cents per page, but I guess copying fee of that amount is borderline legitimate. They have been charging this since at least 1995. I personally know at least 25 people who paid that fee over the years. I wonder if class action would be an appropriate and feasible remedy in this case. Please advise.

March 5, 2012
Asked and Answered

Court Records

CA Supreme Court denied my petition and I demand the right to know why

[…] the courts. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to inquiries, we can give general information regarding open government and freedom of speech issues but cannot provide specific legal advice or representations. I apologize for the long delay in responding to your inquiry.

April 13, 2012
Asked and Answered

First Amendment

Does the First Amendment Protect Against Censorship Public Access TV?

[…] has been offensive about his now former co-hosts on his show, but he has not been censored due to his special relationship with management. Is there any action we can take to prevent management from censoring the show or it’s hosts? None of the material is obscene or offensive, and it is my understanding […]

February 13, 2018
Asked and Answered

CPRA

Does the CPRA consider an email database public and disclosable?

[…] correspondence between the agency and business members to discuss information relating to the public. 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.

March 11, 2017
Asked and Answered

First Amendment Newsgathering

Program featuring illegal immigrants

[…] of sources for your series. The First Amendment does not protect journalists from being compelled to testify regarding confidential sources or unpublished information sought by the federal government in a criminal investigation, at least if the information is sought by a federal grand jury. Branzburg v. Hayes, 408 U.S. 665 (1971); In re Grand […]

June 14, 2009
Asked and Answered

CPRA Police Records

Obtaining police records

[…] the courts have held that the names of officers who have been subject to disciplinary proceedings, or have been involved in shooting incidents, are not confidential and must be disclosed. Two of the most helpful cases in this regard are Copley Press v. Superior Court, 18 Cal. Rptr. 3d 657 (2004) and New York […]

June 14, 2009