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Showing 881 - 890 of 1787 results

  • 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

  • Asked and Answered

    Brown Act

    Councilmembers May Have Met Privately to Agree on Vote Outcome

    […] nullify the vote, and if successful, you may be entitled to attorneys’ fees. The details of this enforcement procedure are set out in § 54960.1(a) of the Government Code. Note there are strict deadlines under the Government Code with respect to this particular procedure for seeking judicial action to nullify a vote. A sample […]

    November 6, 2018

  • Asked and Answered

    CPRA

    How Do I Determine If The Documents I Need Are Accessible By Making A CPRA Request?

    […] for example, if a record contains certain information that is exempt from disclosure, the agency must redact that information, but make the rest of the record available.  Government Code § 6253(a).  To the extent that you may be stonewalled in your request, keep in mind that the agency is under a duty to assist members of […]

    January 14, 2020

  • Asked and Answered

    Brown Act First Amendment

    The Mayor Interrupted Me During Public Comment Period of a City Council Meeting. What Can I Do?

    […] its business in a reasonably efficient manner.Id.at 1426. As indicated by the above discussion, the public has an "enormous" First Amendment interest in addressing members of the government, which can only be regulated via "reasonable" rules that do little more than ensure the meeting can proceed in a timely and orderly fashion by limiting […]

    March 3, 2021