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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
Asked and Answered

Bagley-Keene Act Brown Act CPRA

Are state Task Force meetings covered under the Brown Act?

While it would be great if the government opened more of its meetings to the public, the Brown Act and the Bagley-Keene Act (which applies to state bodies) are fairly specific as to what types of meetings are required to be held in public. Unfortunately, a meeting that consists of staff-level representatives from various […]

July 11, 2017
Asked and Answered

CPRA

Public Universities, Listservs, and Destruction of Records

Destruction of public records is governed by Cal. Government Code Section 6200, which specifies that: "every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his or her hands for any purpose, is punishable […]

June 14, 2009
Asked and Answered

First Amendment Newsgathering

Press Credential renewal denied by CCAC

[…] Correspondents Association of California ("CCAC") denied your application for a press credential. Your inquiry raises several questions about the First Amendment and, specifically, the ability of the government to regulate free speech and the press. From what I understand, the CCAC purported to deny your application based on Article XI of its by-laws, which […]

April 13, 2016
Asked and Answered

CPRA

Who can request documents under the CPRA?

[…] formal request process. The answer is "no." The Act itself does not require that request be in any specific form. Indeed, the law simply sets out the government's duty to provide access to records. A requester need not formally invoke the Public Records act. That being said, many agencies do have forms that they […]

September 19, 2012
Asked and Answered

CPRA

Request for councilmembers salaries not granted

[…] to be made public. See International Federation of Processional Engineers v. Superior Court, 42 Cal. 4th 319, 331 ("[t]he 'broadly based and widely accepted community norm[]'applicable to government employee salary information is public disclosure"). Thus, it is likely that the information that you are seeking -- salaries and benefits of city council members -- […]

October 13, 2010
Asked and Answered

Brown Act First Amendment

Does the Brown Act Offer Recourse for Activists Barred from City Council Meeting?

[…] the meeting so as to suppress a particular viewpoint, then the restriction arguably would be "content-based" and thus would only be valid upon a showing by the government "that its regulation is necessary to serve a compelling state interest and that it is narrowly drawn to achieve that end." Perry Educ. Ass’n v. Perry […]

February 12, 2018