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Asked and Answered

First Amendment

If I painted a message on a building I own, can I be charged for creating illegal graffiti?

[…] public 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 are both […]

October 12, 2015
Asked and Answered

CPRA School Records

Globe trotting university official keeps tabs on dog sends bill to tax payers

[…] and the dean often calls the kennel from international locales on UC’s dime. I got the phone bills but UC redacted all the phone numbers citing California Government Code §6254(c); Cal. Civil Code §1798.42. I am looking for some guidance as to how to draft a response arguing that these phone numbers should be […]

March 20, 2012
Asked and Answered

First Amendment Newsgathering

When Can A Newspaper Publish Documents Meant To Be Private?

[…] consists of leaked internal company documents from a disgruntled ex-employee (a notice of tax lien, e-mails, bill collection notices). This is a private company,not a public or governmental entity, so I have no way of independently acquiring or verifying these same documents. Are we within our rights to use the documents in the story? […]

May 29, 2010
Asked and Answered

Court Records

How to Access Copies of New York Police Records Destroyed in Fire?

[…] to those records. You might also want to note that FOIL is based upon a presumption of access. You might find the New York Committee on Open Government’s website helpful. In addition to providing general information regarding FOIL requests, there are also some advisory opinions that you might find useful. Bryan Cave LLP is […]

May 28, 2018
Asked and Answered

CPRA

Does the CPRA allow access to notes from interviews with job candidates?

[…] on this point. As for the deliberative process privilege, this privilege may allow nondisclosure of records revealing the deliberations of agency officials, or information relied upon by government officials in making decisions that they would not otherwise receive if the information were routinely disclosed. This privilege again requires a balancing to demonstrate "that on […]

September 16, 2013
Asked and Answered

CPRA

Request for advisory committee’s documents denied

[…] request, then the response should set forth the basis for the denial. Holme Roberts & Owen 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.

August 3, 2011
Asked and Answered

CPRA

How can copy fees vary from agency to agency?

[…] for the bid results, evaluation results and winning bidders proposal. I received a letter back stating that I had to pay $0.50 per page when I normally pay $0.10 per copy from government agencies. Is this correct? Also, why do most agencies just email it to us at no cost and some say they can’t?

September 5, 2011
Asked and Answered

Brown Act

Whistleblower accused of Brown Act Violation

[…] "the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled under the Brown Act." Government Code section 54959. It sounds like the DA is alleging that you made statements that were procedurally improper – that is, that you spoke when you […]

May 24, 2018
Asked and Answered

Brown Act

When are closed sessions legitimized under the Brown Act?

[…] and that are known to a potential plaintiff or plaintiffs, which…shall be publicly stated on the agenda or announced; (3) The receipt of a claim pursuant to the Government Claims Act….or some other written communication from a potential plaintiff threatening litigation…; (4) A statement made by a person in an open and public meeting threatening […]

March 29, 2016
Asked and Answered

First Amendment

How can Ebay censor my listing to sell Confederate Flag belt buckles?

From your inquiry, I understand that you are concerned about eBay restricting what you post for sale on the website. Generally speaking, because eBay is not a government entity, it can remove content that it feels is inappropriate and does not need your consent to do so. You may want to review e-Bay’s offensive-materials policy, […]

October 14, 2015