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  • Asked and Answered

    First Amendment

    Right to online publication of events at my preschool

    […] may want to start contact your local Bar Association for referral to an attorney. 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.

    August 15, 2013

  • Asked and Answered

    Brown Act First Amendment

    When a public official works remotely from a religious institution

    […] the Establishment Cause of the First Amendment.  (To satisfy the Establishment Clause a governmental practice must (1) reflect a clearly secular purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) avoid excessive government entanglement with religion.  Committee for Public Ed. & Religious Liberty v. Nyquist, 413 U. S.756, 773 (1973).)

    June 14, 2009

  • Asked and Answered

    CPRA

    Water Usage Records

    […] established that the narrow privacy rights invaded are so fundamental that they outweigh the public's "fundamental and necessary right" to be informed concerning the workings of its government." Thus, unless the water district can meet its burden of showing that nondisclosure of customer water usage information clearly outweighs disclosure, the public is entitled to […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Title IX Compliance Report

    […] In your case, it looks as though the district has ignored both of your requests for records.  Sometimes it can be useful to try to identify the government legal counsel for the particular agency (often the city attorney or county counsel) and let that office know that your requests have been ignored. If you […]

    June 14, 2009

  • Asked and Answered

    CPRA School Records

    Suspension and Expulsion Records

    […] records are presumptively open to the public, absent an express provision to the contrary.  Two provisions of the PRA that might apply to student disciplinary records are Government Code Section 6254(c), which exempts from disclosure "[p]ersonnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy," and Section […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Special Meetings and Means of Notice

    […] notification via email appears to be an acceptable form of written notification.  (See 43 Ops. Cal.Atty.Gen. 79 (1964) and Legislative History to Senate Bill 138 (1997)). However, Government Code section 54956 also requires that the notice be "received" at least 24 hours before the time of the meeting.  We have been unable to locate […]

    June 14, 2009

  • Asked and Answered

    FOIA

    SEC Records

    […] try making a records request to the SEC under the Freedom of Information Act ("FOIA"), which applies to all departments of the executive branch of the federal government.  Before making your request, you should review the SEC's operating procedures relating to FOIA, which can be found at the following link: http://www.sec.gov/foia.shtml The FOIA requires […]

    June 14, 2009