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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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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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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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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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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
Asked and Answered

Brown Act

Regular meetings and varying times/locations

[…] the remainder.As the Brown act says the meeting shall be at the time and place set by ordinance, does the fact that the meetings are in two different rooms in the same building comply with the law?The Mayor's Conference Room is a controlled access room where you must have permission to pass through the gate.

June 14, 2009
Asked and Answered

Brown Act CPRA

Question and Answer Session with Consultants

[…] words to be effective. However, there are certain benefits to putting your request in writing. Among other things, to the extent the agency denies your request, they must notify you of that denial in writing. (Gov't Code section 6255). Your request does not need to be sent in any particular matter, nor do you […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Citizen access to City financial reports

[…] Act request, including a sample letter, on the FAC's website: Public Records Act request 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.

April 6, 2016