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Asked and Answered

First Amendment Social Media

Help! Being sued For Yelp! Review

[…] more about the Citizen Participation Act on the Digital Media Law Project’s website here: http://ift.tt/14kmtHt 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.

October 11, 2014
Asked and Answered

Brown Act

Do agenda posting times count business days only?

I understand that the Brown Act requires that agendas be made public 72 hours in advance of a meeting. Is that 72 business hours or could posting on a Friday morning (ahead of a Monday meeting) be sufficient notice? This notice would be posted at a California Public Charter School.

March 18, 2016
Asked and Answered

The author of requested emails assigned to fulfill PRA request

[…] sample request letter, at the First Amendment Coalition web site at http://firstamendmentcoalition.org/category/resources/access-to-records/. 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.

August 5, 2011
Asked and Answered

CPRA

Was My Public Records Request Denial As “Unduly Burdensome” Justified?

[…] whether disclosure is prohibited by specific laws or prohibited as against sound public policy. As a result, the County objects to producing the records sought based upon Government Code Sections 6254(a) and (k), and possibly additional subsections, and Government Code Section 6255. Additional privileges may apply based on a review of the records." Is […]

February 15, 2018
Asked and Answered

CPRA

How to access Health & Safety building layout plans

I need copies of site plans and store layout plans for evidence in a Planning Commission Appeal. I am aware of Health & Safety Code Section 19851 requiring permission from an architect. However, how does the Records Act affect 19851. Is my assumption that the City needs to disclose emails on specific subjects correct?

August 17, 2011
Asked and Answered

CPRA

Costs soar for City Council meeting DVDs

[…] ask the city council how it determined its rate for copying DVDs. Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to the inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.

September 5, 2011
Asked and Answered

FOIA

Does Excessive Redaction of FOIA Requested Documents Constitute Censorship?

[…] Act (FOIA), 5 U.S.C. § 552, is a federal open records act that provides a mechanism to gain access to public records. The FOIA requires that a government agency produce existing records that are not otherwise exempt. 5 U.S.C. § 552(a)(2). Under FOIA, there are nine categories of documents that are exempt from disclosure. 5 […]

February 27, 2018
Asked and Answered

CPRA

Can I access a deceased relative’s employment records?

[…] 6254(a)–(z). One of these exemptions, § 6254(k), also incorporates confidentiality required by other provisions of state and federal law. Finally, there is a "catch-all" exemption that the government will sometimes invoke if a more specific exemption doesn’t apply. See Gov’t Code § 6255(a). This catch-all focuses on whether the public interest would be best […]

September 12, 2014
Asked and Answered

CPRA

Can my access to public records be limited to “by appt. only”?

[…] you in writing, and give any reasons why it has denied your request. Bryan Cave LLP is general counsel for the First Amendment Coalition (FAC) 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.

August 26, 2016
Asked and Answered

First Amendment

Can Craigslist block political free speech?

As you are aware, the First Amendment serves only as a limitation on the government; it does not constrain the activities of private persons and organizations who do not seek to use the government's processes. As such, it does not restrict Craigslist as a private entity from controlling the content of its websites. I […]

March 5, 2012