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Asked and Answered

Brown Act

Is there a Posting Date Requirement for Minutes of Public Agency Meetings?

[…] here. Bryan Cave Leighton Paisner 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 20, 2021
Asked and Answered

First Amendment

Does a Member of a Public Body Have a First Amendment Claim if He or She is Punished for Speaking Out?

[…] to limit what their employees can say on behalf of the company or while engaged in work functions. The First Amendment, with some exceptions, generally prevents the government from limiting citizens’ speech. The First Amendment analysis is therefore somewhat complicated when the government is the employer. As a threshold matter, it is important to […]
- Public Meetings
September 22, 2021
Posts

CFAC protests new legislation curbing access to government mapping data

[…] CA 95814 RE: Oppose AB 1978 Dear Assemblyman Solorio: On behalf of the California First Amendment Coalition (CFAC), an organization dedicated to freedom of information and open government, I write to oppose your AB 1978 as a misguided attempt to convert public information---paid for by California taxpayers and belonging to all California citizens---into a […]
- Government Transparency and Accountability
- Public Records
June 2, 2009
Posts

New Book Review Board Is Subject to Brown Act, FAC and ACLU Warn

[…] over the city library’s acquisition of new children’s books "containing any sexual writing, sexual references, sexual images and/or other sexual content." As the FAC and ACLU letter points out, this new board is a "legislative body" as defined by the Brown Act, so its meetings must be open and public. See the full letter below:
- Government Transparency and Accountability
- Public Meetings
November 13, 2023
Latest News

Blog

Short Takes: government email, historical police records, fee awards against requesters

[…] Federal Records Act amendment which addresses this question: Suppose a federal employee, using his own personal text or email account, sends a message that is clearly about government business? The Federal Records Act amendment, at section 2911, says that the employee is now required either to copy "an official electronic messaging account . . […]
- Government Transparency and Accountability
- Public Records
January 21, 2015
Latest News

If hard-won court victory against Prop 8 is tossed out because of “standing” defect, you can thank Jerry Brown

BY PETER SCHEER---If I were Ted Olson, the former US solicitor general who is leading the legal battle against Prop 8, I would be unhappy with Jerry Brown right now. Olson's hard-won victory before federal district court judge Vaughn Walker was meant to be the first stage of a legal strategy culminating in a […]

August 18, 2010
Latest News

Can local legislators speak freely to voters? The answer should be an emphatic “yes.” Too often the answer given is “maybe.”

BY PETER SCHEER--Local government, Republicans and Democrats agree, is the most democratic (with a small d) form of government. The closer government is to the people, the theory goes, the more accountable it is to voters and the more responsive to the public will. Congress is the most remote, hence least accountable; your local […]

December 16, 2014
Latest News

Blog

California agencies have no business claiming copyright protection for public records

[…] other creative types in the private sector? Yes, but the federal Copyright Act also allows states to elect copyright protection. This is a big deal. Copyright protection for government records poses a real danger because copyright is in direct conflict with the public’s right of access, under state FOI laws, to government records. The whole […]
- Government Transparency and Accountability
- Public Records
June 22, 2016
Asked and Answered

Brown Act CPRA

Request denied for fire district celebration guest list

To withhold the report as a"draft," the city must meet a 3-part test set out by the California Court of Appeals: (1) it must show the report is"predecisional" -- i.e., it was prepared to aid the city in making some other decision; (2) it must show the report is not something that the city […]

August 16, 2013
Asked and Answered

Brown Act First Amendment

Swearing in public commenters at open meetings

[…] council on any subject." They go onto to state that anyone making false statements may be held to answer to criminal penalties. They have invoked this "swearing in" requirement on members of the public who have criticized their actions. I am unaware of any authority possessed by the council which would allow such a requirement.

June 14, 2009