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Asked and Answered

Newsgathering Police Records

Can a news photographer be threatened with arrest while covering a protest?

[…] "you have to leave the area." Then I asked the officer if I could walk just to the side and take a photo of the tree cutting activity behind them and was refused access again. I was wearing my press pass on my chest and I had introduced myself as the local newspaper's Photographer […]

February 6, 2014
Asked and Answered

CPRA

County said no matches for my CPRA request, but I know docs exist. What now?

[…] fulfill your request, will get a better result for you than your first attempt. 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.

November 14, 2015
Asked and Answered

Newsgathering

How do I protect rape victims in my reporting?

[…] to work with legal counsel in reviewing any story reporting on an alleged rape. 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.

February 11, 2017
Asked and Answered

CPRA

School district denying access to public records

[…] be financially responsible for your attorney’s fees, should you prevail. Gov't Code § 6259(d). 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 2, 2016
Asked and Answered

CPRA

Are confidential marriage certificate applications accessible under the CPRA?

[…] Otherwise, the confidentiality of the marriage licenses would seem to be meaningless. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition 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.

July 24, 2013
Asked and Answered

First Amendment

Public Filming of TV Show

[…] on public property is legal. A public sidewalk is a "public forum" for purposes of the First Amendment, and any restrictions on expression in such an area must be "narrowly drawn to achieve a compelling state interest." Int’l Soc'y for Krishna Consciousness v. Lee, 505 U.S. 672, 678 (1992). I am not aware of any […]

June 14, 2009
Asked and Answered

CPRA

Providing Requestor’s Name, Personal Information

[…] agency may need to know where (and to whom) to send the records. In addition, if the agency is attempting to determine whether to withhold records under Government Code section 6255, on the ground that the public interest in non-disclosure clearly outweighs the public interest in disclosure, it may want to know who is […]

June 14, 2009
Asked and Answered

CPRA FOIA

Preliminary Data from FEMA as Requested by the City

[…] a local agency, you may have rights of access under either the FOIA (to the extent you are requesting the records from FEMA) or the Public Records Act (to the extent you are requesting the records from the City. See, e.g., Govt. Code section 6252(e) (defining public records subject to disclosure under the PRA […]

June 14, 2009
Asked and Answered

CPRA Police Records

Police Reports, Public Record

[…] they wish. Are police reports related to neighborhood vandalism of public record or not? If unable to discover the reports through the police department, and if no action was taken by the DA on any report, how would one gain access to find them? I am looking for one specific report which should be […]

June 14, 2009
Asked and Answered

First Amendment

Petitioning in front of stores

[…] protects petitioning and signature-gathering activity at large shopping malls. Robins v. Pruneyard Shopping Center, 23 Cal. 3d 899 (1979). However, that does not mean that a mall must allow an organization to gather signatures anywhere on mall property at any time. Malls may impose "time, place and manner" regulations that may require an organization […]

June 14, 2009