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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
Asked and Answered

Brown Act

Is a school board retreat required to be open to the public?

We are holding a board retreat tomorrow and have received requests from several members of the public to attend and speak: Does the public have the option to attend? Must we allow them to speak? Thank you.

July 16, 2013
Asked and Answered

Brown Act First Amendment

Do we have a right to show video of pro tem judge making mockery of a serious safety matter?

[…] of the video without running afoul of the rule against content-based restrictions. 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.

March 26, 2012
Asked and Answered

CPRA

Can I use the PRA to request lawmaker’s emails and calendars?

[…] from disclosure. If you seek records from a member of the state legislature, the a request would be made pursuant to the Legislative Open Records Act ( Government Code §§ 9070 et seq.). The Legislative Open Records Act (LORA) covers "any writing prepared on or after December 2, 1974, which contains information relating to […]

August 26, 2016
Asked and Answered

CPRA

Agency claims my CPRA requests via email are “not public records act request”

In response to an emailed request for public records, the local agency responded that my "series of emails were not a public records act request." In turn, they withheld the requested information. Of course, it could be that I've been not asking for the right thing in the appropriate way? I've been requesting information […]

March 30, 2012
Asked and Answered

CPRA

What penalties have local governments faced for violating the CPRA?

I'm developing program to teach our office staff how to handle PRAs, and am looking for some examples of local governments, preferably in California, that have been penalized for not abiding by the terms of the law. Is a lawsuit the only way to remedy it? Can you share any examples?

September 16, 2015
Asked and Answered

CPRA

Request for advisory committee’s documents denied

[…] request, then the response should set forth the basis for the denial. Holme Roberts & Owen 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.

August 3, 2011