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Bagley-Keene Act Brown Act

Bagley-Keene Act application not as broad as Brown Act

[…] similar to those put in place by the Brown Act. However, the Bagley-Keene Act is narrower in its application than the Brown Act. This is because State government is dominated by executive agencies that are not required to conduct business at meetings (and therefore are not subject to the Bagley-Keene Act), and by the […]

July 19, 2012
Asked and Answered

Brown Act

Is a weekly Rotary Club meeting a “Social or Ceremonial” event governed by the Brown Act?

[…] the legislative body, the Brown Act might nevertheless be implicated. 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.

August 20, 2010
Asked and Answered

First Amendment

Union attorney didn’t defend my free speech rights

Government regulation of employee speech implicates First Amendment issues and is sometimes unconstitutional. The question usually boils down to the "'balance between the interests of the [employee], as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the efficiency of the public […]

August 2, 2011
Asked and Answered

CPRA

The CPRA and the San Francisco Sunshine Ordinance

[…] know from a listing what are home, cell or office numbers? How does this square with the concept that some privacy is waived when people contact their government. What about fax machine call logs? Also is there a concept of private vs official or business email addresses - is it different for citizens than […]

June 14, 2009
Asked and Answered

Brown Act

School Board Closed Sessions with Administrators

[…] 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 may consider filing an action for injunctive or declaratory relief for the purpose of stopping or […]

June 14, 2009
Asked and Answered

CPRA

City misses CPRA request deadlines “due to staff vacancies”?

My friend and I first requested financial records for two affordable housing projects receiving government subsidies on August 19. The City responded on August 27 informing us that due to staff vacancies they could not fulfill our request, and that they would provide a status update by October 1. On September 4, we responded to the […]

October 12, 2015
Asked and Answered

First Amendment

Free speech “cornered” in downtown park

[…] Francisco, 952 F.2d 1059, 1065 (9th Cir. 1991)(quoting Frisby v. Schulz, 108 S. Ct. 2495, 2499 (1988). This means that when public streets are at issue, "the government's authority to restrict speech is at a minimum." Gaudiya, 952 F.2d at 1065. Inorder to restrict speech in a public forum, the restrictions must be content-neutral […]

April 27, 2010
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Issues

Government Transparency and Accountability

June 12, 2024
Asked and Answered

Brown Act CPRA

Redevelopment Agency becomes “private corporation” not covered by Brown Act?

[…] city and the RCDC will compel them to comply with the law. Bryan Cave 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 2, 2013
Asked and Answered

Brown Act First Amendment

New rules by city council restrict free speech

[…] Brown Act. See White v. City of Norwalk, 900 F.2d 1421, 1425 (9th Cir. 1990). Courts recognize that in situations such as the one you describe, i.e., a government meeting, "[c]itizens have an enormous first amendment interest in directing speech about public issues to those who govern their city. It is doubtless partly for this reason […]

December 11, 2014