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Asked and Answered

First Amendment

Know your rights when protesting in public space

[…] best to try to use the request to see the permit requirement as a way to reach some sort of an agreement with OHV. Some supervisor there must understand that OHV may have a problem if they try to arrest someone for holding a sign that says "Safe Beach Now." If they do produce […]

June 14, 2009
Asked and Answered

CPRA

Can criminal background checks on county candidates be kept confidential?

[…] are authorized by statute to receive the information. Penal Code section 11076. 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.

May 1, 2013
Asked and Answered

CPRA

Can I see the city’s settlement agreement with police officers?

Generally speaking, settlement agreements where one of the parties is a public agency are not exempt from disclosure under the Public Records Act. See Register Division of Freedom Newspapers v. County of Orange, 158 Cal. App. 3d 893, 909 (1984); Copley Press, Inc. v. Superior Court, 63 Cal. App. 4th 367, 376 (1998). There […]

April 14, 2010
Asked and Answered

First Amendment

Student Speech and the First Amendment

[…] and is punishing her for it. They are saying that she was threatening the teacher because in it she said "someone should throw her into the ocean or fuck her." I know that this must be a clear violation of her first amendment rights but no one she's talked to is willing to support her.

June 14, 2009
Asked and Answered

CPRA

Records request denied due to “deliberative process privilege”

[…] am aware, there has been no additional courts to have ruled on the issue. 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.

June 6, 2013
Asked and Answered

Is a recorded message on a voicemail considered private?

[…] the communication may reasonably expect that the communication may be overheard or recorded. " 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.

January 9, 2013
Asked and Answered

CPRA

Direct Costs of Copying

The statute is California Government Code section 6253(b). A court has held that "direct cost" generally does not include search and retrieval time. North County Parents Organization v. Dep't of Education, 23 Cal. App. 4th 144, 146 (1994). "Direct cost" does include maintenance costs and the salary of the clerk for time spent copying […]

June 14, 2009
Asked and Answered

First Amendment

Fee to place political campaign signs

[…] communicate their political positions. See City of Ladue v. Gilleo, 512 U.S. 43 (1994). 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.

January 9, 2013
Asked and Answered

Police Records

Can A Request for A Code Enforcement Complaint Be Denied?

[…] typically not actionable. 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.

January 26, 2018
Asked and Answered

Newsgathering

Can I use audio clips of solicitors refusing to be interviewed?

[…] it would not seem that anything they say could be remotely construed as "confidential." 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 12, 2014