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Showing 611 - 620 of 1787 results

Asked and Answered

CPRA

CA Medical Board non-responsive to PRA request

[…] comply with the PRA in responding to a particular request, the ultimate recourse for enforcement of the Act is to file a lawsuit against the agency pursuant to Government Code section 6259. Such lawsuits are typically initiated by a verified petition (i.e., a request filed under oath) that asks the court to issue a writ […]

September 11, 2016
Asked and Answered

Brown Act First Amendment

Arrested for making public comments that “disturbed” council meeting

[…] "limited public forums," or areas that traditionally have not been made open to the public, but have become public forums for at least some purposes because the government body that regulates a particular area has made it available for use by the public. The same high standard that applies to public forums -- the […]

October 21, 2010
Asked and Answered

First Amendment

Regulating teacher speech

Government regulation of employee speech does implicate 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 […]

June 14, 2009
Asked and Answered

CPRA Police Records

Accessing county’s payments to a doctor now under arrest for molestation

[…] of "specific" exemptions that have been added over time. Many of these exemptions are listed, starting at § 6275. Finally, there is a "catch-all" exemption that the government will sometimes invoke if a more specific exemption doesn’t apply. See Gov’t Code § 6255(a). This catch-all focuses on whether the public interest would be best […]

November 12, 2011
Asked and Answered

CPRA School Records

What portion of personnel files are exempt from CPRA disclosure?

Under the California Public Records Act, the exemption set forth in Government Code 6254(c) is specifically designed for "[p]ersonnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy." Gov't Code § 6254(c) (emph. added). Section Government Code 6254(c) "was " ‘developed to protect intimate details of personal and […]

April 22, 2017
Asked and Answered

Brown Act CPRA

The mayor refused to let me make a public comment without identifying myself

[…] As a preliminary matter, you state in your inquiry that the school district is invoking Gov't Code § 6250 as justification for withholding the records. This particular Government Code section is merely the Public Records Act's preamble, and does not contain any specific exemption that justifies withholding the requested records.Rather, this section states that, […]

August 26, 2010
Asked and Answered

Newsgathering Police Records

Can a news photographer be threatened with arrest while covering a protest?

[…] even if the right-of-way provided a good vantage point for viewing a newsworthy activity. 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.

February 6, 2014
Asked and Answered

First Amendment

Yelp violates right to freedom of speech by “filtering” good reviews out, leaving bad ones in!

[…] not be useful to invoke the First Amendment in this situation. The reason for this is that, generally speaking, the First Amendment governs speech restrictions imposed by government actors rather than private parties. That is, the First Amendment might preclude a government agency from interfering with my handing out flyers in a public square, […]

May 16, 2012
Asked and Answered

Brown Act

What rules must public meetings follow regarding agendas and notice?

[…] learn more about the Brown Act and its requirements under the Open Meetings tab. 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 24, 2017
Asked and Answered

CPRA

Does Brown Act apply to nonprofit and government agency overlap?

[…] from the public agency. 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. I apologize for the delay in getting back to you.

May 30, 2013