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  • Latest News

    Blog

    US Supreme Court ‘government speech’ rulings should curb government misuse of anti-SLAPP laws

    BY PETER SCHEER--Does the first amendment apply to government speech? In recent decisions, the Supreme Court has answered that question in the negative.  Constitutional free speech protections apply to people (and corporations and other private legal entities), but they do not limit or regulate governmental speech, the Court declared. The implications of this doctrine […]

    December 22, 2015

  • Latest News

    Conservatives’ faith in local government is misplaced: The closer government is to the people, the more government is controlled by special interests.

    […] PETER SCHEER -- In America today, conservatism's one clear fault line, cutting across cultural and socioeconomic schisms, aligns conservatives based on their views about the relationship between government and its citizens. On one side are born-again libertarians, like supporters of perpetual presidential candidate Ron Paul. Believing that governmental power and personal freedom are always […]

    May 3, 2012

  • Asked and Answered

    Brown Act

    When does a non-profit fall under the Brown Act?

    […] the creation of the entity, even if it did not actually create it itself. Bryan Cave 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.

    July 31, 2013

  • Asked and Answered

    CPRA

    Does the CPRA cover private entities that do work for government?

    […] from these departments are often excluded from public view due to the exemption.)    Bryan Cave 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.

    March 6, 2014

  • Asked and Answered

    Brown Act

    Can A School District Bar The Public From School Closure Meetings?

    […] created by formal action, but falls under the ad hoc sub-quorum committee exemption, then the committee does not have to adhere to the Brown Act's meeting requirements. Government Code § 54952(b). On the other hand, if the advisory committee is a standing committee, which has "continuing jurisdiction" over a particular subject matter (e.g., budget, […]

    April 21, 2022

  • Asked and Answered

    First Amendment Social Media

    Can a public official delete users’ comments and block them from the official’s social media account?

    […] on social media." Id. at 198. To satisfy the first prong, a plaintiff "must show more than that had some authority to communicate" on behalf of the government entity, but rather the "alleged censorship must be connected to speech on a matter within bailiwick" or official "portfolio" of responsibilities. Id. at 187–88. The official’s […]

    March 6, 2025

  • Asked and Answered

    Brown Act

    The Brown Act and Charter Schools

    […] Schools: Whether a charter school is subject to the Brown Act depends on whether the school was "created by" an elected legislative body--or receives funds from a government agency and whose governing body includes a member of the legislative body--for the purposes of the Brown Act. A body that governs a private (often non-profit) […]

    June 14, 2009

  • Asked and Answered

    Brown Act School Records

    State Agency I worked for is denying my records’ request, but documents do exist!

    […] of California. I lost my job and I am trying to get information on a program administered by my employer. This program is funded by the Federal government. I am being met with resistance because the Public Request officer is simply forwarding my request to my former supv/mgr, and she claims that the documents/information […]

    September 13, 2013

  • Pages

    Our Work

    […] of engaged and informed communities is essential to the health of our democracy – that the values expressed by the First Amendment provide a blueprint for an inclusive, equitable society and a responsive, accountable government. To that end, FAC educates, advocates and litigates to protect and promote government transparency and First Amendment protections for all.

    June 11, 2024

  • Latest News

    Blog

    AG Holder, in speech, describes al-Awlaki “lethal targeting” memo that is the subject of recent FAC suit

    […] Manhattan) and the ACLU (in federal court in Washington, DC). FAC's suit is pending in federal district court in San Franciosco. In all three cases the federal government takes the position that it needn't respond to the FOIA claims on the merits because the very existence (or nonexistence) of the al-Awlaki memo is classified. […]

    March 16, 2012