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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
Asked and Answered

First Amendment Newsgathering

When Can A Newspaper Publish Documents Meant To Be Private?

[…] consists of leaked internal company documents from a disgruntled ex-employee (a notice of tax lien, e-mails, bill collection notices). This is a private company,not a public or governmental entity, so I have no way of independently acquiring or verifying these same documents. Are we within our rights to use the documents in the story? […]

May 29, 2010
Asked and Answered

First Amendment

How do I find court rulings against stores that block petitioners?

[…] no violation of the First Amendment in denying plaintiff the right to collect signatures.). 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.

July 19, 2012
Asked and Answered

First Amendment

Can a retail store deny you the right to petition their customers?

[…] public to congregate there or do anything other than shop for food and that the store was therefore not the kind of public forum that property owners must yield to free speech activities like petitioning. Subsequent decisions considering petitioning and related free speech rights at stand-alone retail establishments followed this reasoning and allowed the […]

April 27, 2010