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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
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

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