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Showing 1191 - 1200 of 1787 results

  • Asked and Answered

    First Amendment

    Threatened with Libel Suit for Email I Wrote Discussing Candidates

    […] to her lawyer. Current officials/candidates were coerced to condemn and shame me. I feel my First Amendment rights were abridged when she used her public influence and government officials to silence and condemn me. I have no form of social media. I don't know how my email was intercepted. I feel I should have […]

    February 16, 2018

  • Asked and Answered

    CPRA

    Required to pay research fee for building permit search

    […] sorry that we will not be able to help you with that particular questions. 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.

    March 5, 2012

  • Asked and Answered

    First Amendment

    Do we have the right to exercise 1st Amendment rights on shopping mall properties?

    Unfortunately, there is no simple answer to your question.  Generally, the First Amendment applies only to government actors, and since shopping centers are often privately owned, many of the broad First Amendment rights associated with public spaces such as parks and public sidewalks do not necessarily apply.  That said, there are situations where First Amendment […]

    May 31, 2016

  • Asked and Answered

    Brown Act

    Brown Act and statute of limitations

    […] the legislative body fails to correct the action within the requisite time period, you must file the lawsuit within 15 days. Please see the provisions of California Government Code 54960.1 regarding the particulars of the timeline.Alternatively, you can seek an injunction/declaration for the purpose of stopping or preventing violations or threatened violations under California […]

    June 14, 2009

  • Asked and Answered

    CPRA

    CPRA request for animal shelter euthanasia log redact staff members names

    […] you can also respond to the agency with arguments of your own. My guess is that the agency may be claiming the so-called "catch-all" exemption, found in Government Code section 6255.   This exemption requires a strong showing that on the facts of the particular case, the public interest in withholding the record from public view […]

    December 12, 2015

  • Asked and Answered

    Brown Act

    Has the Brown Act changed to allow votes on items not on agenda?

    I am not aware of any changes in the law that would allow the City Council to refuse to comply with the requirements of the Brown Act. Government Code § 54954.2(a)(2) continues to prohibit agencies from voting on or even discussing an issue that is not on the agenda for a regular meeting ("No action or […]

    March 22, 2015

  • Asked and Answered

    CPRA

    Does an email search qualify as “data compilation” under CPRA?

    […] the agency will be required to pay your attorney’s fees. Gov't Code § 6259(d). 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 25, 2016

  • 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?

    […] requester shall execute a declaration to that effect under penalty of perjury. This paragraph shall not be construed to prohibit or limit a scholarly, journalistic, political, or government use of address information obtained pursuant to this paragraph. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries.  […]

    May 25, 2018

  • Asked and Answered

    Brown Act

    The board reached ‘a unanimous decision’ but also claimed ‘no action was taken’ in closed session

    […] letter can be found on the FAC website at https://firstamendmentcoalition.org/brown-act/frequently-asked-questions-about-the-brown-act/template-for-brown-act-complaint/. 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.

    May 25, 2011

  • Asked and Answered

    FOIA

    Can TSA deny company public information under FOIA?

    The Freedom of Information Act requires that a government agency produce existing records that are not otherwise exempt.  5 U.S.C. § 552(a)(2).  The FOIA applies to existing documents, but nothing in the act requires that an agency produce or compile new records for the benefit of the requesting party.  If an agency denies an individual’s […]

    August 11, 2014