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Asked and Answered

First Amendment Protest Rights

I Believe My University Has Infringed on My Right to Free Speech. How Can I Fight Back?

[…] the past several months I have been a part of a political movement demanding a cost of living adjustment for graduate students. As part of this student action, there have been pickets often consisting of several hundred people daily. I have been fired as a result of my participation in this strike. I am […]

April 21, 2022
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 […]

September 22, 2021
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
November 13, 2023
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Blog

Woodward’s “leaked” Aghanistan report was declassified. How could that happen without Obama’s OK?

[…] weekend to withhold brief portions of the assessment that they said could compromise future operations. A declassified version of the document, with some deletions made at the government's request, appears at washingtonpost.com. " Now, it's not unheard-of for government officials to be given an advance look at a Woodward blockbuster so they can have […]
- Government Transparency and Accountability
September 23, 2009
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Blog

Wanted by the FBI: Journalists’ phone records showing calls to and from confidential sources.

[…] of an apparent leak investigation. Neither ABC nor the reporters, Brian Ross and Richard Esposito, had an opportunity to go to court and try to block the government’s access to the phone records—by the time they found out what the government was up to (which, ironically, they learned unofficially, through a leak from the […]
- Press Freedom
June 2, 2009
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Blog

Memo to Future Historians of the Trump Presidency: Good Luck. You’ll Need It.

[…] technology that fosters confidentiality in our private communications. Encryption is the word of the day for journalists, sources, and others -- for good reason. But communications by government officials about government work are, by definition, not "private" communications--regardless of the medium by which those messages are transmitted. (One exception would be confidential communications between […]
- Government Transparency and Accountability
August 4, 2017
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In taping a reporter, AG Brown’s spokesman showed bad judgment, but did he break the law?

BY PETER SCHEER --- Attorney General Jerry Brown's spokesman Scott Gerber was unceremoniously "disappeared" from Brown's incipient gubernatorial campaign this week because of a lapse in judgment that, quite frankly, has been overblown. Gerber's mistake: to surreptitiously record a phone conversation with a reporter, which was later discovered because Gerber, in a plea for […]

November 4, 2009
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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
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Blog Events

First Amendment Fundamentals for Student Journalists: by David Snyder

[…] the press is the only industry specifically granted protections by the Bill of Rights. Originally, the Bill of Rights was understood as only applying to the federal government, but with the 14th Amendment to the U.S. Constitution, it became clear that state governments also had to adhere to these protections. The First Amendment reads: […]
- Free Expression
- Press Freedom
July 21, 2021
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Blog

Apple is right: the order requiring it to create code to defeat iPhone security is “coerced speech” forbidden by the 1st Amdt

BY PETER SCHEER---The court battle between the FBI and Apple presents an important first amendment issue: whether the government can force a company to engage in expression—to wit, the writing of computer code—-that the company not only objects to, but views as inimical to its interests and its customers’ interests. Apple claims that this […]
- Free Expression
March 7, 2016