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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

First Amendment

Can ballot arguments be selected based on political content?

[…] forum, reasonable time, place, and manner regulations are permissible, but restrictions must be "content neutral" (as opposed to "content based") and narrowly tailored to serve a significant government interest. Any restrictions must also allow ample alternative channels of communication. Perry Educ. Ass’n. v. Perry Local Educators Ass’n,, 460 U.S. 37, 45 (1983). Content-neutral restrictions are […]

November 10, 2016
Asked and Answered

CPRA

Can the Deliberative Process Privilege be used to avoid answering a deposition?

[…] as I am aware, there has not been any new case law concerning the deliberative process privilege. The "deliberative process privilege," is a court-created exemption derived from Government Code § 6254(a) (exempting preliminary drafts, notes and memoranda) and Government Code § 6255 (the so-called "catch-all exemption"), which is intended to protect the government’s decision […]

April 22, 2017
Asked and Answered

CPRA

Fire Department Mishandled Response to CPRA Request

[…] time. I responded in writing pointing out the first four violations of section 6253. The department responded on Nov 8th by email with the following: "Per California Government Code 6253 the Fire Department is responding and providing an estimated date and time when disclosable document(s) will be made available. November 30, 2018.8:00 am. We […]

January 26, 2018
Asked and Answered

CPRA

Tax Document Exemptions from Public Records Requests

[…] retained by any state or local agency regardless of physical form or characteristics," Gov't Code § 6252(e) -- are presumed to be open to the public and must be disclosed unless a specific provision of the Act or other law exempts them from disclosure. The PRA exempts from disclosure "Information required from any taxpayer […]

June 24, 2010
Asked and Answered

First Amendment Newsgathering Police Records

How much detail about the incident, offense, or arrest is the public entitled to under the law?

[…] names and their general descriptive information, arrest dates, charges, dates of birth, arrest locations, and arrests times. On FAC's website I read that a law enforcement agency must provide the "substance" of all complaints or requests for assistance and the "nature of the response thereto." When an arrest occurs a law enforcement agency must […]

May 25, 2018
Asked and Answered

CPRA First Amendment

How can I get around the CPRA “catch-all” exemption?

For background purposes, Government Code section 6255(a) of the Public Records Act, known as the "catch-all" exemption, is typically invoked by governmental agencies when no other exemption applies.This exemption states that in order to justify withholding a record, the agency must show that "on the facts of the particular case the public interest served […]

October 19, 2011
Asked and Answered

First Amendment

Posting in City Sponsored Spaces

[…] is any requirement that these tax supported facilities be available to all? Our city regulates the contents of posting but the only requirement written down is "it must be of general community interest". Who decides is not specified and what are the criteria is not specified. In essence this excludes any opinion critical of […]

June 14, 2009
Asked and Answered

CPRA

Political Reform Act case records

I asked our District Attorney for information allowed by Gov Code 6254 (f)(2) on Political Reform Act cases. She gave only closed cases, saying giving me anything on open cases would endanger the investigation. Do you agree?

June 14, 2009
Asked and Answered

CPRA Police Records

Police Blotter Information

[…] and their City Attorney denied my request to have the Department print a more detailed report. In summary, the City Attorney responded: "As to your concerns regarding Government Code 6254(f)(2) which you believe requires certain information in a "police blotter", we must disagree with your reading of the law. Although the information listed in […]

June 14, 2009