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First Amendment

Parents Want to Shield Kids from ProLife Protest Signage at Florida Elementary Schools

[…] forums is protected by the First Amendment and can only be restricted if a high standard is met. In either a traditional or designated public forum, the government may restrict the time, place and manner of the speech through reasonable regulations, as long as enforcement is content neutral. Content neutral restrictions are those that […]

April 3, 2018
Asked and Answered

CPRA

Are draft reports exempt under CPRA?

[…] agency in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure."Govt. Code Section 6454(a). Although some government personnel mistakenly believe that any "draft" document is automatically subject to this exemption, reading the text of the statute itself indicates that the exemption only applies […]

February 17, 2011
Asked and Answered

CPRA

Are letters to legislators public?

[…] owned, used, or retained by the Legislature." Govt. Code 9072(c). A "writing" is broadly defined and includes letters. Govt. Code § 9072(d). Not all writings must be disclosed, Government Code section 9075 identifies numerous categories of documents need not be disclosed. This list includes letters sent by private citizens to the legislature. Govt. Code § 9075(j). […]

July 14, 2014
Asked and Answered

Brown Act CPRA

Availability of agendas

The Brown Act does not require government bodies to keep minutes. However, under section 54957.5 of the Brown Act, the body must make agendas and "any other writings" concerning public sessions available "upon request without delay." The body can charge a copying fee, but not if you just want to inspect (and not copy) […]

June 14, 2009
Asked and Answered

CPRA

Can’t flush out City’s drainage report

[…] them from disclosure. Of course, there are numerous exemptions that the City might invoke in responding to a records request, including the Act's "catch-all" exemption, contained in Government Code § 6255(a). This exemption states that in order to justify withholding a record, the agency must show that "on the facts of the particular case […]

May 4, 2011
Asked and Answered

Brown Act

No Video Record of Show-of-Hands Votes

[…] in general, bodies subject to the Brown Act are required to make public the vote on all measures. No secret ballots, whether preliminary or final, are permitted. Government Code section 54953(c). However, votes not to take action on subjects properly addressed in closed session may not be required to be made public. Unfortunately, the […]

February 23, 2018
Asked and Answered

Bagley-Keene Act Brown Act

My job has been threatened if I divulge details of closed-door meetings

[…] "null and void" if there was "substantial compliance with the Act." Gov’t Code § 11130.3(b). In any event, it sounds like you may be facing issues that go beyond government transparency and would require a specialist in employment law. You might want to consult with an employment lawyer about your employment concerns. Bryan Cave LLP is […]

March 10, 2017
Asked and Answered

First Amendment

Can my High School Principal ban “furry culture” tails on campus?

[…] what is known as intermediate scrutiny to a claim that a school’s content-neutral dress code violated students’ First Amendment rights: "[I]f the District's school uniform policies advance important government interests unrelated to the suppression of free speech, and do so in ways that effect as minimal a restriction on students' free expression as possible, then […]

March 25, 2016
Asked and Answered

Brown Act First Amendment

New rule places unreasonable time restraints on public comments

[…] "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 […]

March 5, 2012
Asked and Answered

Brown Act CPRA First Amendment

Mayor up for reelection wants to stifle public comment on candidates

[…] a record does the deliberative process privilege spring into existence." Another exemption that may be cited is the attorney-client privilege, which is incorporated into the PRA by Government Code section 6254(k), which applies to "[r]ecords, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, […]

August 30, 2010