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  • Asked and Answered

    CPRA

    Can Agencies Be Required to Choose Least Costly Format for Electronic Record Reproduction?

    […] responsive to a CPRA request? Is there case law on that question? Context: I am a frequent requestor of video records from agencies across all levels of government and across the country, under various open records laws. I recently got a Dropbox Business account which allows me to create as many "file request" links […]

    November 27, 2018

  • Asked and Answered

    Brown Act

    Must An Agency Provide Translation Services for Board Members Who Need Them?

    I’m not aware of any law that requires local agencies to arrange for translation services for its board members, but the Dymally-Alatorre Bilingual Services Act ( Government Code section 7290 et seq.) provides that "[i]t is the intention of the Legislature in enacting this chapter to provide for effective communication between all levels of […]

    December 14, 2020

  • Asked and Answered

    CPRA

    Are Construction Permits Accessible Under the CPRA?

    […] the public and must be disclosed unless a specific provision of the Act or other law exempts them from disclosure. Cal. Gov. Code § 6252(e). If a government agency is claiming that certain records are exempt under the CPRA, it is required to cite the specific exemption and explain how it applies to the […]

    April 26, 2022

  • Asked and Answered

    First Amendment Social Media

    Is it a First Amendment violation when Twitter Suspends My Account for “Hate Speech”

    […] outside the scope of services we can provide through this Hotline. However, we can state that in general, First Amendment claims can only be brought when the government attempts to suppress the speech of its citizens — i.e. when there is "state action" that suppresses free speech. It is unlikely that you would have […]

    March 23, 2020

  • Asked and Answered

    CPRA

    Trying To Access Autopsy Records Of Mass Shooting Victims

    […] for non-disclosure.  As a result, the entirety of a coroner’s report should be available for public access, subject to potential privacy concerns and the provisions of California Government Code section 27491.8. Note that the CPRA contains a very broad exemption for police investigatory records. Specifically, Cal. Gov. Code § 6254(f) exempts "[r]records of complaints […]

    April 1, 2020

  • Asked and Answered

    First Amendment

    What Are My Rights as a Journalist Arrested And Detained Without Cause?

    […] to protected speech "threatens to inhibit [the] exercise of the protected right."Lacey v. Maricopa Cnty., 693 F.3d 896, 916 (9th Cir. 2012). Federal law allows lawsuits against government actors, state or federal, who attempt to deter the exercise of constitutional rights. In order to show a First Amendment violation under 42 U.S.C. § 1983, […]

    April 21, 2022

  • Asked and Answered

    Brown Act

    Can a California City Council Cut Public Comment Time with No Notice Before Meeting?

    […]   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 26, 2020

  • Asked and Answered

    Newsgathering

    What Are the Rights and Restrictions of Photo-Journalists Covering Wildfires?

    […] claim. 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.

    November 13, 2018

  • Asked and Answered

    CPRA

    Toll Road Agency Says There is No 14-day Requirement for Responding to CPRA Requests

    The Transportation Corridor Agency (TCA) that manages toll roads has sent me an email saying that there is no 14-day requirement for responding to a California Public Records Act request.  Also, if a legal matter was brought is it customary for the government agency to pay for attorney’s fees?

    January 20, 2021