Central Valley: Open meeting violations prompt successful recall petition drive

Citizens for Better City Government have collected over 1,000 signatures in the first step to recall three Hughson City Council members. The Civil Grand Jury had found the three in violation of the Brown Act, California’s open meetings law. -db The Turlock Journal March 30, 2010 By Maegan Martens Three months after the Civil Grand [...]

Opinion: Mississippi school violates prom-goer’s First Amendment rights

The New York Times applauds the federal court decision against a Mississippi school district that prevented a senior girl from attending the prom with her girlfriend as a gay couple. The judge ruled that the district violated the senior girl’s First Amendment right of self-expression and also her right to send the message that women [...]

A&A: School board changed public comments without notice

Q: Starting in January, the board of education of our unified school district has been systematically trying–and often succeeding–in suppressing or censoring public comments. For more years than I can count, the board has provided a democratic, albeit cumbersome, method of accommodating the public’s right to speak on  items not on the agenda. Speakers were [...]

California: Transparency issue surfaces over Palin’s speaking fee at state university

A California state senator is protesting the lack of disclosure over former vice-presidential candidate Sarah Palin’s speaking fee at California State University Stanislaus in June. Her fee will be paid by a public university foundation that raises money to support education at the campus. -db San Francisco Chronicle March 30, 2010 By Nanette Asimov Sarah [...]

UC Berkeley: Students claim free speech shutdown of student protestors

Students who challenged budget cuts by seizing buildings on the University of California Berkeley campus say the administration is pursuing charges against protestors, making them fearful and reluctant to exercise their free speech rights. -db San Francisco Chronicle March 29, 2010 By Nanette Asimov A campus crackdown on protesters has brought relative calm to UC [...]

Information technology analyst evaluates Obama open government initiatives

A senior analyst for The Information Technology and Innovation Foundation finds much to like in Obama’s efforts to make government more open but also says it’s important to identify weaknesses in the initiatives to make sure the gains are substantial and meaningful. -db eGov Monitor Commentary March 29, 2010 By Daniel Castro of The Information Technology [...]

Duke restores pro-life group’s free speech rights

Duke University reversed a decision by its Women’s Center that banned a pro-life student group from holding a discussion on student motherhood at the center. -db FIRE Foundation for Individual Rights in Education Commentary March 30, 2010 DURHAM, N.C. — Duke University has reversed a decision by its Women’s Center that prohibited the Duke Students [...]

Privacy: Internet freedom advocates want more protections for cell phone users

The Electronic Frontier Foundation has joined a broad coalition of groups  recommending the strengthening  of the federal law regulating government access to private phone and Internet communication. The law upholding privacy rights was written 25 years ago, and among other things the coalition wants it to take into consideration the huge surge in cell phone [...]

Presidential pardons: Obama administration puts privacy above transparency

The Justice Department filed a brief in federal appeals court in a bid to deny a journalist’s request for the names of the nearly 10,000 individuals denied clemency by President George W. Bush. -db Politico Commentary March 29, 2010 By Josh Gerstein While President Barack Obama has vowed to operate the most open and transparent administration [...]

A&A: Need documents to douse fire district’s out-of-control board

Can you please give me some general advice about these issues? We have a small fire protection district, and the board of directors (all volunteers) is going out of control. In this case, the district staff are friendly, the board is the enemy. My questions are: Do I need to file a “public record request [...]

A&A: Request for sheriff’s homeless policy leads to trouble

Q: We requested from the sheriff department the following documents regarding homeless and/or transient people, people sleeping or camping outside, and/or people sitting on public sidewalks: Documents setting forth guidelines, policies, practices or standards used by the sheriff’s department regarding homeless and/or transient persons; Documents regarding and/or generatd by sheriff’s department in their publicly stated [...]

Google strikes blow for traditional journalistic values

Google’s decision to leave China rather than to allow censorship of its service, whether it likes it or not,  puts the company in the forefront in defending the free flow of information in the global market. -db The New York Times Commentary March 28, 2010 By David Carr Should we be surprised that the biggest [...]

Planned Parenthood fighting Texas Attorney General over records request

Planned Parenthood is suing the Texas Attorney General citing among other things the First Amendment to prevent him from turning over to a “requestor” its tax returns, check register, list of contributors and even an ultrasound taken during an abortion. -db Courthouse News Service March 25, 2010 By Tim Hull AUSTIN (CN) – Planned Parenthood [...]

California state senate establishes open government committee

At the request of open government crusader Senator Leland Yee (D-San Francisco/San Mateo), the Senate Rules Committee established a Select Committee on the California Public Records law and the Brown Act. The committee will work to improve transparency in the state. -db Senator Leland Yee Press Release March 25, 2010 SACRAMENTO – The Senate Rules Committee [...]

‘Soft money’ ban survives in federal court

A federal court has turned back an effort by the Republican National Committee to lift restrictions on raising soft money for use in state elections. It was one of the first tests of the limits of the recent Supreme Court decision rolling back laws limiting corporate campaign spending. -db JURIST March 26, 2010 By Zach Zagger [...]

First Amendment: Employment screener may pass on info from database of sex offenders

A California appeals court ruled that, under the First Amendment, an employment-screening service could access the state’s database of registered sex offenders and pass that information on to its clients. The law establishing the website prohibits the use of the posted information for purposes related to employment. -db Metropolitan News-Enterprise March 25, 2010 By Sherri [...]

Defense Department fails to make case for revealing contractors’ quality control information

A federal court sided with defense contractors against the Defense Department in blocking the release of information about quality of control processes that the defense contractors said were trade secrets. -db The Reporters Committee for Freedom of the Press March 25, 2010 By Nadia Tamez-Robledo A federal appeals court yesterday ruled in favor of two [...]

Cleveland newspaper causes stir by unmasking anonymous poster – a judge

In revealing the identity of a person posting comments on their site under the moniker “lawmiss”, the Cleveland Plain Dealer believed that the public’s right to know outweighed the importance of protecting the privacy of anonymous commentators. The “lawmiss” postings, it turned out, came from the e-mail address of a judge. -db The Plain Dealer [...]

Washington state high school newspaper goes to court over oral sex story

High school students are suing their school district asking for millions of dollars in damages claiming that they never gave their consent to having their comments, names and sexual histories in a story in the school newspaper about oral sex. The district clams the students did consent and only changed their minds after their parent [...]

University of Chicago censors student facebook post

Continuing a practice of monitoring and censoring student posts on social media, the University of Chicago forced a student to delete comments about a professor from his private Facebook page. -db FIRE Foundation for Individual Rights in Education Commentary March 24, 2010 CHICAGO — For the second time in two years, the University of Chicago [...]

House of Representatives caucuses for improved transparency

In a rare show of bipartisanship, House Republicans and Democrats met last week to generate support for new laws for free access to government information on the Internet. The 19 member caucus wants to inform other member of the House about open government initiatives. -db NextGov March 25, 2010 By Aliya Sternstein House Republicans and [...]

Federal safety agency would limit worker’s right to know about chemical hazards

To conform with the United Nations system for classifying chemicals, the Occupational Safety and Health Administration (OSHA) is proposing a plan to reduce information given to workers about dangerous chemicals. -db OMB Watch March 23, 2010 A recent proposal by the Occupational Safety and Health Administration (OSHA) would endanger workers by reducing the amount of [...]

A&A: Is limiting a school board trustee’s comments legal?

Q: I’m a public school district trustee and the board has tried to limit my comments during the meetings by preventing me from responding to Public Comments made during the “public comment period.”  I often will wish to express my agreement with the comment made or ask a follow-up question. Is the board violating my [...]

A&A: Can police remove lawn sign protesting police brutality?

Q: I have been retaliated against for complaining about a police officer beating and raping me. Many crimes were committed by cops in the cover-up, but I have been completely silenced. I put up a sign in my front yard and got an instant response by police. I need to know if they have any [...]

Internet censorship: China may suffer long-term economic damage from closing down Google

Experts are saying that while China may feel the need to maintain control through censorship, but it may be doing itself great harm by allowing Google to abandon China and weakening the country’s links to the global economy. -db The New York Times March 23, 2010 By Michael Wines BEIJING — This is a nation [...]

New York Times settles defamation claim in Singapore

The New York Times Company settled a claim brought by leaders in the Singapore government apologizing and paying over $100,000 to the leaders. Singapore leaders have a history of bringing defamation claims for statements that would be considered protected under the First Amendment in the United States. -db The New York Times March 24, 2010 [...]

Florida legislature sends governor new law monitoring nonpolitical organizations during elections

The Florida legislature passed a bill that reforms the “electioneering”  law found unconstitutional last year for violating free speech rights. The law still requires some nonpolitical organizations active in elections to register with the state and submit financial reporting requirements but excludes those focusing entirely on issues. The bill also revived controversial “leadership funds” for [...]

Federal court says Oregon law regulating initiatives does not violate First Amendment

A federal court judge ruled that Oregon’s regulations on gathering signatures for voter initiatives did not prevent petitioners from exercising their rights to free speech. -db The Oregonian March 24, 2010 By Jeff Mapes Oregon’s tough restrictions on paid initiative canvassers have been upheld by a federal judge who ruled they did not violate the [...]

Big Brother challenge: Foundation presses for protections after school webcam surveillance scandal

The Electronic Frontier Foundation is appearing before the Senate Judiciary Committee next week to argue for new privacy protections after a Pennsylvania school allegedly conducted secret video surveillance of their students while they were at home. -db Electronic Frontier Foundation Press Release March 25, 2010 PHILADELPHIA – On Monday, March 29, at 10 a.m., the [...]

Provision of health care reform requires drug companies to report payments to doctors

A provision of the national health care law passed last week allows the public to know the gifts and payments made to doctors and teaching hospitals by pharmaceutical companies. -db California Watch Commentary March 24, 2010 By Christina Jewett A little-noticed provision in the health reform bill will shed significant light on the payments drug [...]

Tulare County: Supervisors missing the point in efforts to justify private lunch meetings

A Visalia Times-Delta  editorial argues that the Tulare County supervisors are violating the state’s open meeting law by convening as often as three times a week for lunch not open to the public. The supervisors are writing a policy to justify the practice which they claim is for the purpose of team building rather than [...]

Calaveras County: Citizens claim open meeting violation in silencing speaker

Residents of Calaveras County are rising to the defense of a fellow citizen whom the Board of Supervisors shut down while he was delivering a diatribe against a supervisor. They say the state’s open government law does not permit shutting down speakers just for critical comments. -db Calaveras Enterprise March 25, 2010 By Claudette Langley A [...]

Open government: California lawmakers consider limits on text messaging

As local governments are struggling with the issue of government officials texting and e-mailing during meetings, the state legislature is considering a law preventing lobbyists from texting lawmakers on the floor or in committee. Open government advocates say that electronic devices are difficult to monitor, and one advocate suggests that full disclosure of contacts with special [...]

If China unplugs Google, it will be the first time China’s people will know what they are not being allowed to see. This should give the censors pause.

BY PETER SCHEER–Google’s high-stakes confrontation with China’s government has entered a new, and uncertain, phase. Making good on its threat to cease censorship of search results on its China-based site, Google.cn, Google has begun redirecting users in China to its uncensored Chinese-language site based in Hong Kong, google.com.hk. China’s censors now face a difficult choice. [...]

Judge orders Prop 8 opponents to release campaign documents

The federal judge hearing the challenge to Prop. 8 ordered Prop. 8 opponents to give campaign records to the proponents of the initiative saying that the records were public rather than “private and internal.” -db Courthouse News Service March 23, 2010 By Maria Dinzeo SAN FRANCISCO (CN) – A federal judge ordered groups that campaigned [...]

Law school groups back Hastings in discrimination case

University of California’s Hastings College of Law has gained the support of several law groups in its case before the Supreme Court scheduled for argument on April 19. The school’s Christian Legal Society brought suit to operate on campus with a policy that excludes gays and lesbians. -db The National Law Journal March 22, 2010 [...]

Sunlight Foundation wants freedom of information law for Internet

The Sunlight Foundation argues that in the Internet age it is imperative to require the government to post public information in a timely and user-friendly way. It supports Public Online Information Act, a law that modernizes government disclosure. -db Sunlight Foundation Opinion March 23, 2010 In the age of the Internet, government is transparent only [...]

Former California Governor Jerry Brown opens gubernatorial records

At least three people have been granted access to Democratic gubernatorial candidate Jerry Brown’s records from his term of office as California’s governor from 1975 to 1983. The records are only made available with Brown’s written permission. -db California Watch March 22, 2010 By Chase Davis According to Attorney General’s office spokeswoman Christine Gasparac, at [...]

Federal court decision shows ‘hot news’ doctrine still persists

A federal district court judge recently ruled against a financial news site for publishing recommendations of Wall Street research analysts, a “hot news” misappropriation. Harvard Law School lecturer and assistant director for CMLP Sam Bayard discusses the First Amendment issues raised by the decision. -db Citizen Media Law Project Commentary March 23, 2010 By Sam [...]

Google leaves China over differences on censorship

As expected, Google closed its Internet search service in China and began directing its users to the as yet uncensored service in Hong Kong. -db The New York Times March 22, 2010 By Miguel Helft and David Barboza SAN FRANCISCO — Just over two months after threatening to leave China because of censorship and intrusions [...]

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