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Asked and Answered

First Amendment Social Media

The mayor blocked people on Facebook after they posted comments in support of Black Lives Matter. Is that illegal?

Blocking users from social media profiles has become a troubling trend amongst government officials nationwide, and the courts have not yet come to a consensus on how the First Amendment applies. As you may have heard, a federal court in New York found that President Trump’s blocking of certain followers on Twitter was a […]

June 6, 2020
Asked and Answered

Newsgathering

Newspaper Facing Possible Retaliation Over Reporting On Local Scandal Involving City Hall

"The First Amendment protects newspapers from retaliation by government agencies on account of articles or views that the newspapers have published (or intend to publish)," Alameda Newspapers, Inc. v. City of Oakland, 95 F.3d 1406, 1421 (9th Cir. 1996), but probably does not allow a newspaper to sue over a city’s pressuring residents in […]

April 27, 2022
Asked and Answered

Court Records First Amendment

Can a Newspaper Be Held Liable For How it Described Court Documents in a Story?

[…] and proceedings, such as court records, via the "fair report privilege," which is codified at Cal. Civ. Code § 47(d). The privilege generally applies to publicly available government records, official government reports, and statements made by government officials, and provides an absolute privilege where the reporting is a "fair and true" report of court […]

October 30, 2020
Asked and Answered

First Amendment Social Media

I Have Been Blocked from My State Senator’s Instagram Account. What Can I Do?

My state senator has blocked me from making comments or accessing his Instagram account, which is his official Instagram account for the Office of State Senator, and it is clearly a violation of First Amendment rights as a government official, and I need help getting them to reverse the action or sue this senator.

March 27, 2020
Asked and Answered

Brown Act

Does the Brown Act Allow Consultant’s Report Reviewed in Closed Sessions?

[…] § 54957.7. In a separate provision, the Brown Act bars an agency from discussing or taking any action on an item not appearing on the posted agenda. Government Code § 54954.2(a), (b). Moreover, Government Code § 54954.5 sets forth the "safe harbors," that is, the descriptions of closed sessions on the meeting agenda that […]

January 6, 2020
Asked and Answered

Brown Act

Brown Act Violation Concerns Over Closed Session Protocols for Employee Evaluations

[…] administrative leave. The closed session agenda item was added to a special meeting just over 24 hours before that meeting and stated: Public Employee Performance Evaluation/Discipline/dismissal/release ( Government code section 54954.5 and 54947(b)) title: [employee title]. The employee was told verbally the day before that the item was added but he did not get […]

January 20, 2021
Asked and Answered

CPRA

Can the School District Refuse to Disclose Legal Fees Because of Attorney-Client Privilege?

[…] Primer. Bryan Cave Leighton Paisner 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. No attorney-client relationship has been formed by way of this response.

August 7, 2020
Asked and Answered

CPRA

Are Citizen Bond Oversight Committee Applications Public Records?

[…] applications of Citizen Bond Oversight Committee members, however, the school district denied "the request stating my request for the completed applications are protected from disclosure pursuant to Government Code section 6254(c), disclosure of which would constitute an unwarranted invasion of personal privacy." I reviewed the government code and think it does not apply to […]

May 15, 2020
Asked and Answered

Court Records

Is It Legal to Publish Personal Information Found in Court Documents?

[…] other information published on the website of the Secretary of State containing the principal location of the corporation run by the subject of our investigation, as well as the home addresses of its Officers, Secretary, etc. May we publish these governmental documents as well or would the best tactic be to redact that personal information?

April 21, 2022
Asked and Answered

First Amendment Social Media

My Councilmember Has Blocked Me from Posting on Her Official Page

[…] your local city council representative is preventing you from participating on her social media accounts due to your critical comments. This has become a troubling trend amongst government officials nationwide. Earlier this year, a federal judge in New York found that President Trump’s blockage of certain followers on Twitter was a violation of the […]

April 13, 2019