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Asked and Answered

City says building plans can be viewed but not copied

[…] legislative history of § 19851 is not readily available, that statute might be read as formalizing a procedure to avoid incurring copyright liability to the extent the government has mandated that architects' works be deposited with a government agency. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to First […]

September 19, 2012
Asked and Answered

CPRA Police Records

Is crime victim entitled to see investigation records?

[…] Assistance Request Form at http://firstamendmentcoalition.org/legal-hotline/lawyers-assistance-request-form/. 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. Access to records Lawyer's Assistance Request Form

October 26, 2010
Asked and Answered

CPRA

Is County Fire Chief’s Association subject to CPRA?

[…] Act, including a sample request letter, at the First Amendment Coalition web site here. 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 15, 2016
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

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

First Amendment

Government has retaliated against me for publicly criticizing the Vets Administration.

I am service connected veteran openly criticizing government officials at the Veterans Administration. By exercising my rights under the constitution I was subjected to a pattern of retaliation from being denied educational benefits, denied requests for information about my vocational rehabilitation records, and denied due process under the 5th Amendment. What can I do?

March 3, 2016
Asked and Answered

CPRA

Using Public Records Act to find a school executives’ salaries

[…] may not require that the salary for every single public employee be disclosed. The Court left open the possibility that the privacy interests of a low-paid, low-level government employee might outweigh the public's interest in the information. So, as a general matter, the more significant the employee's duties and the higher the salary the […]

July 19, 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