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Asked and Answered

First Amendment

Do trade publications have same speech protections as other journalists?

[…] motivation for the speech.Bolger v. Youngs Drug Products, Corp., 463 U.S. 60, 66-67 (1983). In Central Hudson, the Court articulated a four-part test for determining whether the government may regulate commercial speech, which involves: (1) a determination of whether the advertising is false or deceptive, (2) whether there is a substantial governmental interest in […]

September 28, 2011
Asked and Answered

CPRA

Can I request public staff time cards?

[…] be made public. See International Federation of Processional Engineers v. Superior Court, 42 Cal. 4th 319, 331 ("he 'broadly based and widely accepted community norm' applicable to government employee salary information is public disclosure"). Likewise, the California Court of Appeal has held that "information as to the education, training, experience, awards, previous positions and […]

September 26, 2011
Asked and Answered

CPRA

What rules apply to searching DMV database?

[…] told it was a "family court issue." Also, I recently requested documents from the agency where my ex resides, which in part stated: "Under the California Records Act (Govt. Code 6250-6270), I am requesting the following documents and information from your department: All criminal reports, incident reports, and investigation reports relating to suspect/involved party; […]

December 7, 2010
Asked and Answered

CPRA

Does a councilmember use of personal email address mean all messages are exempt?

[…] was wondering if a city councilmember uses his personal email address as his primary source of contact, lists it on a city’s website as his email address, if any communication done on that email address is still exempt from the California Public Records Act? Is any legislation is coming down the line to address that?

November 22, 2011
Asked and Answered

CPRA

How long does the agency have to reply to my records request?

I requested documents regarding disciplinary action taken against me by my employer, a metro department of transportation. It's been more than a month and I've not received a reply. What would be the next course of action?

January 19, 2012
Asked and Answered

CPRA

Access to public library records under Public Records Act

[…] request, they only provided records covering the last 2 years and 10 months, and they informed me that previous records do not exist - however, I have obtained information that confirms the existence of these records. Other attempts to obtain previous records have been unsuccessful. Does the Public Records Act protect my access these records?

April 1, 2016
Asked and Answered

CPRA FOIA

Construction inspectors’ addresses omitted from CPRA response

[…] 187, 193 .) Courts have also recognized that the public interest in disclosure is minimal, even when the requester asserts that personal contact is necessary to confirm government compliance with mandatory duties, where the requester has alternative, less intrusive means of obtaining the information sought. (See, e.g., Painting Industry, supra, 26 F.3d at p. […]

July 18, 2013
Asked and Answered

CPRA

State Public Health Department Withholding Public Inspection Records

[…] the machine used. I received a statement stating my request was being delayed and I might not receive all of the records. After complaining and resubmitting my request, I received some of the records but not all. I was told an administrator must first inspect the public records and then decide which records are given.

February 7, 2018
Asked and Answered

CPRA

Can An Agency Charge Fees for Inspecting Public Records?

I am inquiring whether agencies can charge you to inspect emails or get copies of emails based on Government Code section 6253.9(b)? Are they allowed to use rule of cost to construct a record, and the cost of programming and computer services necessary to produce a copy of the record, for the charging of […]

February 26, 2018
Asked and Answered

First Amendment Newsgathering

Do students’ free speech rights extend to internet and TV broadcasts?

[…] or Section 2 of Article I of the California Constitution. Holme Roberts & Owen 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.

December 2, 2011