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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
Asked and Answered

Court Records

Obtaining grand jury transcripts

[…] jury transcripts for proceedings for a particular defendant. Can you please tell me how to get them, or can you tell me what site I might find them on or if in fact they are available to the public. Could you email them to me? Must I pay for them and if so, how much?

June 14, 2009
Asked and Answered

CPRA Police Records

Obtaining Copies of Video

[…] possession of the videotape you reference. If the Metropolitan Transit System has possession of the video, you may want to submit a request under the Public Records Act ("PRA") for a copy of it. (A sample PRA request letter can be found on the CFAC website at the following link: https://firstamendmentcoalition.org/cpra-primer/sample-cpra-request-letter/.) Under the PRA, […]

June 14, 2009
Asked and Answered

CPRA

Naturalization records

Under the California Public Records Act ("PRA"), the public has a right to inspect and obtain copies of documents collected or maintained by state or local agencies. The PRA requires agencies to provide you with the documents requested, or notify you that your request has been denied, within 10 days. (Gov't Code § 6253). […]

June 14, 2009
Asked and Answered

First Amendment

Murals on private property

I would like to find court decisions where city ordinances or actions prohibiting murals on private property have been thrown out because they violate the First Amendment or California's Constitution. It is my understanding that murals are protected as speech and cities cannot regulate them by permit on private property. I believe there have […]

June 14, 2009
Asked and Answered

CPRA Police Records

Law Enforcement Records, Interrogation Reports, and Public Access

[…] was interrogated for hours, pressured to confess to a crime he had nothing to do with, and then jailed overnight until his parents could arrange bail. The actual perpetrator (17) walked into the police dept and confessed 2 weeks later, and also led the police to the weapon he used, which he'd ditched by […]

June 14, 2009