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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
Asked and Answered

Brown Act Newsgathering

Reporters wrongly ejected from community college council meeting?

[…] council is merely a committee of the official student organization or the board of governors, depends on whether it is also covered by the Brown Act at Government Code section 54952(b). That section applies the Brown Act to committees created by formal action of a covered board. But "advisory committees, composed solely of the […]

July 19, 2013
Asked and Answered

Social Media

Facebook comments deleted from Senator’s page

I am wondering if it is legal or legitimate for a government official, for example a NYS Senator or U.S. Senator, to block me from commenting on what I presume to be their Facebook page that is managed by them or a government employee on government payroll time? I have had this happen to […]

May 20, 2013
Asked and Answered

CPRA

Can a city assert a copyright claim to a public document?

[…] a copyright claim to a public document, in this case a short documentary produced by its cable access television department? I’m being told no, in California a government entity cannot assert a copyright claim to this video produced at taxpayer expense without the express authorization of the legislature (County of Santa Clara v. Superior […]

June 8, 2012
Asked and Answered

CPRA

Are worker’s comp claims public documents?

[…] disclose them in redacted form, under Gov't Code § 6253(a). 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.

July 27, 2011
Asked and Answered

CPRA

Are emails sent to elected officials private or public?

Are emails sent by residents to the council or other government entities (GE) concerning a hot button issue considered public records?Or are they somehow protected by the "right to privacy" and beyond public scrutiny? In this case, the GE itself asked residents to send the emails and is making policy decisions based on the […]

September 17, 2010
Asked and Answered

CPRA

Can the Deliberative Process Privilege be used to avoid answering a deposition?

[…] as I am aware, there has not been any new case law concerning the deliberative process privilege. The "deliberative process privilege," is a court-created exemption derived from Government Code § 6254(a) (exempting preliminary drafts, notes and memoranda) and Government Code § 6255 (the so-called "catch-all exemption"), which is intended to protect the government’s decision […]

April 22, 2017
Asked and Answered

CPRA

How to requests public documents from San Francisco Airport

[…] exemptions created by the CPRA. "Public records" are generally broadly defined. The definition of public records in the CPRA includes most documents generated or used by the government. Government Code section 6252(e). The CPRA creates a presumption that all records held by government agencies are public. Government Code section 6252(a). An agency that denies […]

May 11, 2018
Asked and Answered

Brown Act

City Council Met Prior to Public Meeting and Made Last-Minute Agenda Changes

[…] regular meeting, including items to be discussed in closed session. The notice must be posted in a location that is freely accessible to members of the public. Government Code § 54954.2(a). In general, the legislative body cannot take action on any item that is not on the agenda for a meeting. Government Code § […]

May 17, 2018
Asked and Answered

Brown Act CPRA

County Bar Association and the CPRA and Brown Act

[…] that governing body as a full voting member by the legislative body of the local agency. Cal. Govt. Code Section 54952(c)(1). The PRA explicitly provides that "nonprofit entities that are legislative bodies of a local agency" pursuant to Section 54952(c) are "local agencies" subject to the PRA. Accordingly, a local county bar association may […]

June 14, 2009