Cal Judicial Council allows partisan endorsements of judicial candidates

A decision by the California Judicial Council to allow partisan endorsements of judicial candidates enables candidates to obtain the backing of political parties. -db Metropolitan News-Enterprise June 28, 2010 By Kenneth Ofgang The California Judicial Council on Friday voted not to support a controversial proposal that would ban judicial candidates from seeking endorsements from partisan [...]

Google looks for way to satisfy government and keep its service going in China

After the Chinese government objected to Google’s rerouting users to an uncensored site in Hong Kong, the company struggles to come up with another strategy to continue service in China. -db The Wall Street Journal June 29, 2010 By Amir Efrati and Andrew Batson Google Inc. said it would change how Internet users in China access [...]

No Supreme Court ruling against patenting business methods

The Supreme Court failed to reach a majority decision ending the practice of patenting business methods claimed by some to hurt commerce and academic pursuits. -db Cnet News Guest Column June 28, 2010 By Larry Downes Those who hoped the Supreme Court today would finally end the scourge of so-called business method patents will have [...]

First Amendment: Appeals court rules case against white supremacist advocating violence not warrant dismissal

A federal court of appeals ruled that the First Amendment did not necessarily protect a Virginia white supremacist when he posted a message on his Web site urging the public to harm a juror. The case was returned to the federal district court. -db First Amendment Center June 29, 2010 CHICAGO (AP) — A federal [...]

Government agency using subpoenas to obtain whistle blowers’ e-mails with reporters

The Security and Exchange Commission has subpoenaed documents from two whistle blowers including e-mails with reporters, a move that circumvents their usual policy of not subpoenaing reporters directly. -db The Reporters Committee for Freedom of the Press June 28, 2010 By Ellen Biltz At least one government agency is using subpoenas to target e-mail between [...]

Stockton: Grand Jury finds three college board trustees in violation of California’s open meetings law

The County Grand Jury has recommended that three members of the San Joaquin Delta College Board of Trustees be censured for violating the Brown Act,the state’s open meetings law. -db The Record June 29, 2010 By Jennifer Torres STOCKTON — Three members of the San Joaquin Delta College Board of Trustees should be censured for [...]

Growing trend?: Senate candidate in Nevada dodges reporters

With talk radio and Facebook, political candidates no longer have to rely on television to get their message across. -db The New York Times June 28, 2010 By Brian Stelter RENO — There is a game in Nevada called “Where’s Sharron Angle?” that the press is tired of playing. Ms. Angle, a Nevada Senate candidate [...]

Supreme Court won’t hear First Amendment challenge of newsletter prosecution

The U.S. Supreme Court refused to hear an appeal of an investment research company who had published a report of a stock with a statement that the company’s owner later denied saying. -db foxreno.com June 28, 2010 WASHINGTON, D.C. (AP) — The Supreme Court won’t stop the securities fraud prosecution of an investment newsletter that [...]

Secrecy News criticizes WikiLeaks

Secrecy News’ Steven Aftergood argues that there is good reason for the Knight Foundation’s refusal to fund WikiLeaks. WikiLeaks, he says, has failed to increase government openness and accountability. -db Secrecy News June 28, 2010 By Steven Aftergood In the past week, both the Washington Post and the New York Times have referred to WikiLeaks.org, [...]

Supreme Court rules Christian group must admit gays under college’s anti-discrimination policies

In a 5-4 ruling, the U.S. Supreme Court denied the claim that the First Amendment rights of a Christian group at the University of California’s Hastings College of Law were not violated by the college’s anti-discrimination policies. The group had attempted to admit gays. -db Los Angeles Times June 28, 2010 By Carol J. Williams [...]

Political speech: Federal court rules satirical ads violated copyright law

An Electronic Frontier Foundation lawyer finds fault with judges’ downgrading satire as a form of protected speech as in Henley v. DeVore in which a senatorial candidate attacked his opponent by setting his own words to two songs, “The Boys of Summer” (The Hope of November”) and “All She Wants to Do Is Dance” (“All [...]

Middle Eastern countries censoring Internet

Last week Afghanistan, Pakistan and Turkey acted to block more content from the Internet. Afghanistan is installing filters on the categories of alcohol, dating and social networking, gambling and pornography. -db Electronic Frontier Foundation Opinion June 26, 2010 By Shari Steele Yet another country has decided to shut down key parts the Internet. Kathleen Reen [...]

Northern California: College trustee accuses professors of open meeting violation

A college of the Redwoods trustee has alleged that the Academic Senate violated California’s open meeting law, the Brown Act, by holding secret meetings. The salvo is part of an ongoing dispute between the professors and the trustees over budget cuts. -db The North Coast Journal June 24, 2010 By Ryan Burns College of the [...]

A&A: Does city’s “fee schedule” for public records violate CPRA?

Q: A media partner of ours reported that a municipality has adopted a “schedule of charges” for public records requests. The board voted that there will be a $25 administrative fee per request. The number of pages requested will generate additional fees. The first 10 pages of records will cost $1 per page and each [...]

Supreme Court rules names on anti-gay petition can be made public

The U.S. Supreme Court ruled for public disclosure of names on a petition to overturn a gay rights law in Washington state. Those for disclosure say it is an important victory for the public’s right to check signatures and to discover who are supporting particular political stances. -db SeattlePI.com June 24, 2010 By Chris Grygiel [...]

Sunnyvale: Grand Jury claimed city council violated state open meeting law

A Santa Clara County grand jury reported that the Sunnyvale City Council violated the Brown Act, California’s open government law by appointing an interim council member in 2009 without providing adequate public notice. -db San Jose Mercury News June 22, 2010 By John dugan The Sunnyvale City Council violated the Brown Act, California’s open government [...]

First Amendment: Enron’s Skilling wins partial victory, loses on pre-trial publicity

While opening the door to a new trial for former Enron CEO Jeffrey Skilling, in a 6-3 vote the U.S. Supreme Court rejected Skilling’s argument that pre-trial publicity made a free trial impossible. -db The New York Times June 24, 2010 By Adam Liptak WASHINGTON, D.C. — Ruling for two prominent corporate executives in prison [...]

A&A:Board Conducting Public’s Business Via Private Emails

Q: It became apparent yesterday morning that the Board of Directors of our Community Services District is conducting a significant portion of its business via email.  The emails would have originated from at least six personal private computers. Such email has not been made part of the public record. Under CPRA I have requested copies [...]

A&A: Tax Document Exemptions from Public Records Requests

Q: We requested consultant contracts from the county office of education, but the information we received was incomplete.  We’ve thought of requesting the list of consultants who received an IRS 1099 form, but we’re concerned that we would be denied the information on the grounds that it falls under the “tax” exclusion section of the [...]

A&A: Can Golf Group Nix Magazine Give Away in Parking Lot?

Q: I publish a golf lifestyle magazine. We had planned to distribute our magazine free at the parking lots during the US Open. The general parking is at Cal State Monterey Bay and is free. Can the USGA (United States Golf Association) legally prevent us from accessing the lots and passing out the magazines? If [...]

A&A: Shining A Light on Secretive Golf-Course Committee

Q: In our California community a golf course authority has been set up with a board of directors that is composed of city staff members (subordinates of the city manager), the city manager, an appointee of the city manager, and an appointee of the development company that developed the area around the golf course. This [...]

A&A: Does short notice of public hearing invalidate contract?

Q: DMV code requires a Public Hearing before entering into a Red-Light Camera Contract. I contend the new contract our city council has approved is invalid because the requirement for a public hearing was not met. The city manager proposed a new contract when the current contract expires June 30. The Public Hearing was noticed [...]

Fake news reports a growing trend in political campaigns

In striving to regain his old post, former Maryland Governor Robert L. Ehrlich Jr. is routinely churning out fake news clips with the feel of actual news reports. -db Washington Post June 22, 2010 By John Wagner As viewers watch scenes from a Little League baseball game, a familiar face appears to tell them that [...]

iPhone caper: First Amendment lawyers question warrant on Gizmodo editor

First Amendment lawyers say that police should have never acceded to Apple’s pressure to search a Gizmodo.com editor’s house for evidence related to an alleged theft of an iPhone 4G prototype. They say the affadavit requesting the search did not disclose that the editor was a journalist nor mention the Federal Privacy Protection Act or [...]

Groups want federal appeals court to apply First Amendment scrutiny to ‘hot news’ doctrine

Citizen Media Law Project, EFF, and Public Citizen Advocate are asking  the Second Circuit U.S. Court of Appeals to consider whether the hot news doctrine is detrimental to free expression in stifling online commentary and information-sharing. -db Electronic Frontier Foundation Press Release June 22, 2010 SAN FRANCISCO – The Electronic Frontier Foundation (EFF), the Citizen [...]

Federal panel asks for detail in journalists’ suit against anti-immigration sheriff

To proceed with their case, journalists attempting to sue Joe Arpaio for civil rights violations must show that the sheriff was directly involved in issuing an order for their arrest for printing a grand jury subpoena. -db Legal Pad Blog Commentary June 21, 2010 By Dan Levine Remember when Joe Arpaio — the immigrant-hating Arizona [...]

Supreme Court blocks advising terrorists in non-violence

The U.S. Supreme Court rejected free speech arguments in ruling 6-3 that U.S. organizations could not provide non-violent legal training or advice to designated terrorist groups. -db McClatchy Newspapers June 21, 2010 By Michael Doyle WASHINGTON, D.C.  — The Supreme Court on Monday bolstered law enforcement in national security cases, permitting prosecution of U.S. organizations [...]

California superior court judge rules UC Berkeley police seized journalist’s photos illegally

A superior court judge ruled that University of California police had improperly searched a journalist’s camera during a protest at the UC chancellor’s home in December. The judge ordered all photos returned to the journalist. -db San Jose Mercury News June 21, 2010 By Matt Krupnick An Alameda County judge has ruled UC Berkeley police [...]

Chinese stop Hong Kong printing of memoirs by ex-premier

The Chinese government blocked the Hong Kong publication of ex-premier Li Peng already banned in the mainland. Li Peng brought a violent end to the Tiananmen Square protest in 1989 and reportedly had claimed in his memoir that China’s current leaders supported the military’s attack on the student demonstrators. -db The New York Times June [...]

California university opens Palin event to media

California State University, Sanislaus finally agreed to open its June 25 fundraiser featuring Sarah Palin to the media. Officials have refused to release documents concerning the fee Palin will receive for appearing. -db Washington Post June 19 2010 By Robin Hindery SACRAMENTO, Calif. (AP) — After months of requests from reporters, a California university has [...]

Tech blogger says premature to announce death of libel

With a dearth of libel suits against leading news outlets, some say libel is dying now that multiple platforms exist for stating a case. But TechDirt’s Mike Masnick says that libel suits are alive and well directed at online suits to coerce deletion of comments. -db TechDirt Opinion June 18, 2010 By Mike Masnick A [...]

YouTube plans clandestine citizen video journalism project

YouTube is developing a journalism project in San Francisco using citizen journalists with smart phones to link with professional journalists to get the news out through video. -db Online Media Daily June 18, 2010 By Gavin O’Malley YouTube is working on some clandestine journalism project in San Francisco, according SFWeekly, citing a report bySFAppeal blogger [...]

Supreme Court ruling on employer montoring of e-mail messages leaves intact right of public’s right to know

While ruling that  an Ontario police department armed with a legitimate purpose had the right to inspect an officer’s text messages, the U.S. Supreme Court affirmed the pubic’s right to know under the California Public Records Act. The Court said that police officers should realize their writings may be subject to public viewing. -db Washington Post [...]

Online news provider settles libel suit with motorcycle manufacturer

Calling a libel suit “trival”, Gawker Media agreed to a settlement with Confederate Motors wherein Jalopnik deleted a post saying Confederate faced so many lawsuits it couldn’t conduct business in New York.-db Online Media Daily June 16, 2010 By Wendy Davis Gawker Media has settled a libel lawsuit filed against Jalopnik by deleting a post [...]

California court unseals records in murder of eight-year-old

Weighing the family’s right to privacy to the public’s right to know, a Superior Court judge released most of the records sought by the media pertaining to last year’s murder of an eight-year-old girl. The judge withheld autopsy photos. -db Tracy Press Jun 14, 2010 By Jaclyn Hirsch STOCKTON, Calif.  — Judge Linda Lofthus decided [...]

China filtering rather than blocking Google

Observers are saying China is balancing its censorship policy with pragmatic needs to allow access to Google. -db The Digital Daily Feed June 15, 2010 By John Paczkowski Rather than rejecting it outright, China is adapting to Google’s new approach to the country, working toward a balance that keeps access to Google.com.hk (a redirect from [...]

New federal law requires textbook publishers to disclose prices of texts

As of July 1, the Higher Education Opportunity Act  requires textbook publishers to provide detailed information to student journalists investigating high prices and to professors making textbook selections. The law is expected to bring more flexibility in providing affordable textbooks to students. -db Student Press Law Center June 15, 2010 By Kelsey Ryan A new [...]

San Clemente must rescind anti-leafleting law

A U.S. District Court ruled that a leafleting ban passed in San Clemente was unconstitutional under both federal and state constitutions. -db The Orange County Register June 15, 2010 By Fred Swegles San Clemente is faced with rescinding an anti-leafleting law that a federal court has ruled unconstitutional. The city announced the U.S. District Court [...]

UC Irvine: Muslim Student Union suspended for year for disrupting Israel ambassador’s speech

The Muslim Student Union has appealed University of California Irvine’s suspension of their group for one year, saying that the suspension would create a chilling effect on expression of ideas and hurt their efforts to combat marginalization. -db The Orange County Register June 15, 2010 By Deepa Bharath and Ellyn Pak IRVINE, Calif.– UC Irvine’s [...]

Federal appeals court rules anti-abortion activist could demonstrate near the Liberty Bell in Philadelphia

The 3rd Circuit federal court of appeals overturned a conviction of a man arrested for using a bullhorn in a demonstration against abortion at an entrance to the Liberty Bell Center in 2007. -db Philadelphia Inquirer June 17, 2010 By Robert Moran A federal appeals court on Wednesday ruled that the free-speech rights of an [...]

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