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Asked and Answered

First Amendment Newsgathering Social Media

Are there legal actions to protect community newspaper against harassment, threats?

[…] rights? She slanders me and my boss saying we are tied to developers and that they hand us money. This is so far from the truth. We believe this is action from a core group of city staffers and ex-employees. After we started looking into documents, things started getting weird and scary for my family.

June 11, 2014
Asked and Answered

CPRA Police Records

Trying to gain access to police records on musician’s unresolved cause of death

The California Public Records Act, Government Code sections 6250 et seq., generally provides that the records of state and local agencies are open to inspection and copy upon request. As you can imagine, however, there are numerous categories of records excluded from the Public Records Act. Among these exemptions is Government Code section 6254(f), […]

April 13, 2012
Asked and Answered

First Amendment

What to do when a government agency requires a permit and insurance to protest

[…] insurance has closely threatened (until preliminarily enjoined) to prevent plaintiffs' protected activity yet that coverage has never had to be called upon, s insurance requirement appears to be a relatively gratuitous burden, "substantially broader than necessary to achieve the government's interest." ( Ward v. Rock Against Racism, supra, 491 U.S. at p. 800 .) Id.

June 14, 2009
Asked and Answered

Social Media

Facebook comments deleted from Senator’s page

I am wondering if it is legal or legitimate for a government official, for example a NYS Senator or U.S. Senator, to block me from commenting on what I presume to be their Facebook page that is managed by them or a government employee on government payroll time? I have had this happen to […]

May 20, 2013
Asked and Answered

CPRA

Are government contractors’ 1099’s disclosable?

[…] their "no such records exist" response and remind them of this requirement. 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.

January 17, 2012
Asked and Answered

CPRA

CPRA request for disclosure of evidence related to School District misconduct case

[…] to seek counsel to assist you in attempting to get your teaching credential renewed. 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.

December 12, 2015
Asked and Answered

CPRA School Records

What portion of personnel files are exempt from CPRA disclosure?

Exactly what portion of personnel files are exempt from disclosure under the California Public Records Act? Specifically, I am trying to find out whether our child's public school teacher — who was a probationary employee resigned; was terminated for cause, or was "non-reelected" (no reason required per union contract). Our School District maintains that […]

April 22, 2017
Asked and Answered

CPRA School Records

School personnel campaigning on public dime

[…] the public can request public records directly without any legal assistance.California's Public Records Act is designed to allow members of the public inspect documents related to the government's handling of the public business and does not require much at all in the way of formalities.There is not even a requirement that requests be made […]

October 27, 2010
Asked and Answered

First Amendment

Law unclear on collecting signatures on private property in California

[…] the scope of what we can provide through this service. 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.

October 24, 2011
Asked and Answered

Brown Act CPRA

City Attorney says legal analysis is a CPRA exemption

[…] privilege.) It does not seem that the law guarantees you access to the record. 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.

June 10, 2013