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Asked and Answered

First Amendment Social Media

Did Facebook Violate My First Amendment Rights When it Deleted My Comment As “Hate Speech”?

In general, First Amendment claims can only be brought when the government attempts to suppress the speech of its citizens — i.e. when there is "state action" that suppresses free speech. It is unlikely that you would have any claim against a privately-owned website for infringement of your First Amendment right to free speech. […]

October 30, 2020
Asked and Answered

CPRA

Sheriff Denied My Request For Data From Automated License Plate Readers

[…] 6259(d). Bryan Cave Leighton Paisner 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. No attorney-client relationship has been formed by way of this response.

January 20, 2021
Asked and Answered

Brown Act

Multiple Requests to Pull Item off Consent Agenda Overridden by County Supervisors

[…] here. Bryan Cave Leighton Paisner 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. No attorney-client relationship has been formed by way of this response.

October 30, 2020
Asked and Answered

CPRA

Does “Deliberative Process Privilege” Allow California governor to Withhold Communications Relating to Voter-Mandated Study?

[…] of then-Governor Deukmejian, and has since been applied in many other contexts, including records of phone calls by city council members, and records regarding applications to the Government for appointment to fill vacancies on county boards of supervisors. According to the Supreme Court, "the key question in every case is whether disclosure of the […]

March 13, 2020
Asked and Answered

CPRA School Records

School District Stalling Over My Request For Gender Breakdowns On Student Performance

[…] (2012). While it is no doubt frustrating that the school district is taking its time in responding to your CPRA request, it is, unfortunately, not uncommon for government agencies to miss the CPRA’s deadlines. In this situation, you may wish to write back to the law firm and remind it of the statutorily-set deadlines […]

April 21, 2022
Asked and Answered

CPRA

Police Deny Request for Previously Public Statement Claiming Exemptions

Unfortunately, under California’s Public Records Act, police investigatory records are exempt from disclosure under Government Code § 6254(f), which exempts "[r]records of complaints to, or investigations conducted by, or records of intelligence information or security procedures…or security files compiled by any other state or local police agency, or any investigatory or security files compiled […]

May 15, 2019
Asked and Answered

CPRA

How Do I Access Decades-Old 911 Audios?

[…] manner in which the record has been stored." Gov’t Code § 6252(g). As such, you may request virtually any form of media in the possession of a government agency, including audio recordings. A good first step to obtaining the 911 records you seek is to make a written request. You can find a sample […]

September 24, 2021
Asked and Answered

First Amendment Social Media

Can I Sue Facebook For Censoring Me?

In general, First Amendment claims can only be brought when the government attempts to suppress the speech of its citizens — i.e. when there is "state action" that suppresses free speech. As such, it is unlikely that you would have any claim against Facebook for infringement of your First Amendment right to free speech. […]

April 24, 2022
Asked and Answered

Court Records

How Can LA County Superior Court’s Website Charge a Non-Refundable Fee to Search the Database?

[…] actual documents other than in person. It seems like they may be overcharging based on the costs of maintaining records and supplying them for free to other government agencies. Has anyone ever requested statement of costs from the court. It seems particularly egregious to charge such a fee when the only other option to […]

April 21, 2022
Asked and Answered

CPRA

Denied Access to City Attorney Fees in Police Officer Assault Case

[…] reporting. Bryan Cave Leighton Paisner 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. No attorney-client relationship has been formed by way of this response.

May 9, 2019