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  • Asked and Answered

    First Amendment Social Media

    High school impeaches student president over Facebook rant

    […] Sch. Dist. v. Kuhlmeier, 484 U.S. 260, 266 (1988) ("A school need not tolerate student speech that is inconsistent with its basic educational mission, even though the government could not censor similar speech outside the school."); Bethel Sch. Dist. No. 403 v. Fraser, 478 U.S. 675, 682 (1986) ("The constitutional rights of students in […]

    July 28, 2011

  • Asked and Answered

    CPRA Police Records

    Police deny request for 911 tape

    […] report a possible crime and the department's response thereto." Haynie v. Superior Court, 26 Cal. 4th 1061, 1064 (2001). The Supreme Court held that the exemption in Government Code section 6254(f) for "records of investigations," like the exemption in the same section for "records of complaints" to law enforcement, allows law enforcement to withhold […]

    December 30, 2011

  • Asked and Answered

    Newsgathering

    Protection against libel for Florida reporters?

    […] contact a Florida attorney who specializes in defamation law to assist in your defense. 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.

    January 20, 2015

  • Asked and Answered

    First Amendment

    Can a public college bar employees speaking to the press?

    […] of other factors that may be relevant. As a threshold matter, it is important to note that citizens do not surrender their First Amendment rights by becoming government employees. The First Amendment is binding on public institutions. See Widmar v. Vincent, 454 U.S. 263, 268–69 (1981): ("With respect to persons entitled to be there, […]

    September 17, 2015

  • Asked and Answered

    CPRA

    District won’t release legal bills from defending workers’ comp cases

    […] based on either the pending litigation exemption (Gov't Code § 6254(b)) or attorney-client privilege under the Evidence Code, which is incorporated into the Public Records Act by Government Code § 6254(k). With respect to the pending litigation exemption, the fact that a requested record is "involved in litigation" may not be sufficient to allow […]

    October 22, 2010

  • Asked and Answered

    Brown Act

    Does the CA legislature have an open meeting law?

    […] original bill.  Unfortunately, last minute amendments are a common reality of the legislative process. 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.https://firstamendmentcoalition.org/facs-brown-act-primer/

    December 17, 2014

  • Asked and Answered

    First Amendment

    Can an individual publish a legal notice in a newspaper??

    […] If it is the latter, then a newspaper has no obligation to publish it. 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.

    May 17, 2013

  • Asked and Answered

    Brown Act

    Who is allowed to sit in on closed sessions regarding hiring?

    […] officials' ability to hold closed session meetings pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code. Closed sessions held pursuant to this subdivision shall not include discussion or action on proposed compensation except for a reduction of compensation that results from […]

    December 31, 2010

  • Asked and Answered

    CPRA

    Accessing public records on mental health workers

    […] likely aware, the Public Records Act, Govt Code section 6250 et seq., although generally requiring that the public have access to all records of state and local government, contains numerous exemptions. Among these exemptions is Govt Code section 6254(c) which permits an agency to withhold "personnel, medical and similar files," the disclosure of which […]

    June 11, 2013