Florida school board considers restricting teachers’ online speech

The Manatee County School Board in Florida is debating a policy that prohibits teachers from posting comments on sites such as Facebook or Twitter that would put the district, students and teachers in a “negative, scandalous or embarrassing light.” -db Student Press Law Center September 28, 2010 By Chelsea Keenan FLORIDA — The Manatee County [...]

OHSHA dragging on whistleblower protection

The Government Accountability Office said the Occupational Safety and Health Administration has not protected whistleblowers particularly failing to provide workers with the mandatory training for investigators. -db OMB Watch September 28, 2010 In a new report, the Government Accountability Office (GAO) has again strongly criticized the Occupational Safety and Health Administration (OSHA) for a range [...]

Hybrid business model seen as boost to newspaper industry

A new business form combining social mission with capitalism may hold hope for newspapers endangered by falling circulation and ad revenue. -db Citizen Media Law Project Commentary September 29, 2010 By Marina Petrova With subscription and advertising revenue dropping, the newspaper industry is in dire need of a new and – more importantly – sustainable [...]

Los Angeles County postpones release of salary information of highest-paid employees

A Los Angeles County lawyer said they are delaying the release of the names and salaries of its highest paid employees out of concern for the workers’ safety. -db Los Angeles Times September 27, 2010 By Rong-Gong Lin II Los Angeles County officials are taking steps to keep secret the names and salaries of some [...]

California governor signs bill sealing autopsy records of murdered children

Governor Arnold Schwarzenegger signed a bill sealing autopsy records of slain children. A notable open government advocate said the legislation was unnecessary since coroner records in homicide cases are already exempt from disclosure. -db 10NEWS.com September 28, 2010 SAN DIEGO — State legislation on behalf of the families of two murdered San Diego County teenagers [...]

Public records requests laid bare corruption in small, poor Southern California city

Two Los Angeles Times reporters knew they were on to something when the Bell, California city clerk told them they would have to wait ten days to receive records that should be produced immediately. They threatened to invoke the California Public Records Act to obtain the records that showed city officials were giving themselves outlandish [...]

Thai government arrests webmaster to discourage dissent

The Thailand government arrested a leading Webmaster for allegedly committing a computer crime and defaming the Thai royal family. -db Electronic Frontier Foundation Commentary September 29, 2010 By Eddan Katz On Friday, the Director of a popular alternative Thai news portal Prachatai was arrested by the Thai government. Chiranuch Premchaipoen — popularly known as Jiew [...]

New government efforts to create ‘back doors’ said to threaten Internet freedom

Electronic Frontier Foundation’s senior technologist writes that government-mandated ‘back doors’ could seriously compromise the privacy of Internet users. -db Electronic Frontier Foundation Commentary September 27, 2010 By Seth Schoen The New York Times reported this morning on a Federal government plan to put government-mandated back doors in all communications systems, including all encryption software. The [...]

Copyright law: Poorly defined’ fair use’ argument spawns court action

Lawyers are getting lots of work interpreting ‘fair use” from filmmakers, artists and writers who want to pull something from another person’s work. -db Variety Commentary September 24, 2010 By Ted Johnson Hollywood is united in standing up to the proliferation of piracy, but there’s an area of copyright law that leaves the industry perpetually [...]

Hallmark settles with Paris Hilton over uncompensated use of her image

Paris Hilton settled a lawsuit with Hallmark over Hallmark’s use of her image and a trademarked catchphrase, “That’s hot,” in a greeting card. First Amendment advocates said the settlement had dire implications for free expression. -db The Kansas City Star September 27, 2010 By Diane Stafford She may be famous for being famous, but she [...]

Cable broadcasts of Compton City Council meetings to omit public comments

The Compton City Council has taken several steps regarding citizen participation in council meetings including removing public comments from local cable coverage of the meetings. -db Los Angeles Wave September 22, 2010 By Leiloni De Gruy COMPTON, Calif. — Seen by some residents as another attempt to silence their voices, the city council voted 3-1 [...]

CalPERs docs on FAC website raise new questions on failed $100M real estate deal

Documents released this week to FAC show CalPERS sensed trouble with its East Palo Alto real estate investment about two years before Page Mill’s collapse. Documents: CalPERS’ $100 million Page Mill loss Pension fund lost $100 million by investing in Page Mill Properties of Palo Alto by Gennady Sheyner Palo Alto Online StaffIn December 2008, [...]

Wikileaks: Congressional Research Service says publishing Afghan war diaries not criminal

Although Wikileaks’ foreign editors might be prosecuted under U.S. law for obtaining classified military records, it was not unlawful to publish the information, concluded a report from the Congressional Research Service. -db Secrecy News Analysis September 27, 2010 By Steven Aftergood When Wikileaks published tens of thousands of classified U.S. military records concerning the war [...]

Santa Clarita: Community alleges open meeting violation in vote on public library

A group of library workers and patrons in Santa Clarita has demanded that the City Council rescind its vote on withdrawing from the Los Angeles County Library System and allow public discussions of the withdrawal. -db The Santa Clarita Valley Signal September 28, 2010 By Natalie Everett Library patrons and workers sent the city of [...]

Federal appeals court rules reporters eligible for overtime pay

The World Journal and Chinese Daily News, one of the leading Chinese language newspapers, lost its bid to classify reporters as “creative professionals,” exempt from federal and state pay and break guidelines. -db Metropolitan News-Enterprise September 28, 2010 By Steven M. Ellis The Ninth U.S. Circuit Court of Appeals yesterday upheld an order requiring one [...]

Federal appeals court says cheerleader must cheer for player accused of sexually assaulting her

The 5th Circuit Court of Appeals ruled that a cheerleader’s refusal to root for an athlete accused of sexual assaulting her is not protected speech, and the school district had “no duty to promote” the cheerleader’s message. -db Salon.com Commentary September 24, 2010 By Tracy Clark-Flory Cheerleading is often maligned as an illegitimate, unchallenging sport [...]

Fall term: U.S. Supreme Court to consider two key First Amendment cases

The U.S. Supreme Court will consider this fall whether to extend the protection of the First Amendment to violent video games and protests at military funerals with the distinct possibility that the Court will extend protection as it did last term in striking down a federal law banning videos depicting violence against animals. -db First [...]

U.S. Supreme Court to hear case on corporate privacy

The Supreme Court has agreed to hear a case over whether AT&T records obtained by the federal government in an investigation of billing practices should be made open to the public. -db The Wall Street Journal September 28, 2010 By Maya Jackson Randall and Brent Kendall WASHINGTON, D.C. — The U.S. Supreme Court agreed Tuesday [...]

Pentagon buys up copies of Army officer’s memoir on Afghan war

The Department of Defense bought out the first printing of an Army officer’s memoir out of concern that the book contained state secrets. -db CNN September 28, 2010 By Chris Lawrence and Padma Rama Washington (CNN) — The Department of Defense recently purchased and destroyed thousands of copies of an Army Reserve officer’s memoir in an [...]

Free speech: Tea party T-shirt banned from polling place

A grandmother is suing for her free speech rights after being told by a poll worker that she was wearing a Tea Party T-shirt that made a political statement. -db The Arizona Republic September 25, 2010 By Alia Beard Rau Diane Wickberg didn’t intend to become a public defender of the First Amendment. But now [...]

Northern California: Citizens criticize Johnstonville School Board for shutting down public comment

The Johnstonville School Board drew criticism for restricting public comment that concerned the school administration when court decisions have upheld the right of the public to criticize school employees under California’s open meeting law, the Brown Act. -db Lassen County Times September 28, 2010 Parents and other concerned community stakeholders were given an opportunity to [...]

FAC posts online confidential CalPERS’ docs ordered released by Court

The First Amendment Coalition has posted on the internet more than 1,700 CalPERS documents relating to an East Palo Alto real estate investment in which CalPERS lost all of its $100 million investment.  The records–which include the partnership agreement, offering memorandum and email exchanges about the failed investment—were ordered released by the Superior Court in [...]

Free speech: Anti-gay marriage group wants freedom from reporting requirements

The National Organization for Marriage is bringing suit in federal court in Florida claiming that the state’s campaign laws that require record-keeping and reporting are burdensome and discourage them from running media ads in support of their anti-gay marriage position -db Courthouse News Service September 27, 2010 By Dan McCue GAINESVILLE, Fla. (CN) – The [...]

Obama administration planning to spy on Internet and e-mail

To monitor terrorists and criminals who are increasingly using the Internet and social media to conduct business, the Obama administration wants to require technical changes to facilitate wiretaps of those venues. -db Daily Mail September 27, 2010 By Daily Mail Reporter Broad new regulations being drafted by the Obama administration would make it easier for [...]

Congress removes FOIA exemption for SEC

In a move to create transparency and accountability, the House and Senate voted to repeal provision allowing the Securities and Exchange Commission to deny requests under the Freedom of Information Act. -db CNNMoney.com September 23, 2010 By Ben Rooney NEW YORK (CNNMoney.com) — Lawmakers moved Thursday to repeal a provision in the financial reform law [...]

Federal district court denies ACLU request for immigrant detainee death records

A federal district court in Washington, D.C. ruled that the Department of Homeland Security had acted within the exemptions to open record laws in withholding e-mails and records requested by the ACLU of the deaths of immigrants who died while in detention. -db The Reporters Committee for Freedom of the Press September 24, 2010 By [...]

Berkeley considers new sunshine ordinance

The watchdog columnist for the San Jose Mercury News says that the new sunshine ordinance that will go before the voters at a yet-to-be-determined time will improve open government. Alameda is also considering a new ordinance much needed in a city where a well-compensated fire chief was filling up his personal car at city gas [...]

Federal ruling in Georgia major victory for student rights

A federal district court found in favor of a student suing Valdosta State University for expelling him for simply protesting the decision to build a $30 million parking garage. -db The Huffington Post Commentary September 23, 2010 By Greg Lukianoff A ruling issued earlier this month by a federal district court in Georgia may be [...]

Ex-Washington Post editor calls aggregators parasites, sees hope in ‘accountability journalism’

The former executive editor of the Washington Post, Leonard Downie Jr., attacked news aggregators and purveyors of ‘titillating gossip and sex’, but said with the power of the internet,  journalists are able to produce the best journalism ever. -db paidContent:UK September 23, 2010 By James Robinson Leonard Downie Jr, the former executive editor of the [...]

Law review publishes articles on lawsuit over religious group’s picketing of soldier’s funeral

The Cardozo Law Review de•novo has published a number of scholarly articles analyzing Snyder v. Phelps, a potentially momentous case up for hearing before the U.S. Supreme Court in October. -db Cardozo Law Review de•novo September 2010 Funerals, Fire, and Brimstone Albert Snyder won a jury verdict and a substantial monetary judgment against the Westboro [...]

T-Mobile wants to censor text messages

T-Mobile testified in federal court that it wants to retain the power to censor text messages in short-code marketing campaigns to protect itself from “potentially illegal, fraudulent, or offensive marketing campaigns conducted on its network.” -db Wired September 22, 2010 By David Kravets T-Mobile told a federal judge Wednesday it may pick and choose which [...]

Federal appeals court decision boosts free speech in national parks

The executive director of the First Amendment Center applauds a recent federal appeals court decision that said in part that to require everyone to get a permit to express their ideas chills free speech. -db First Amendment Center Commentary September 17, 2010 By Gene Policinski Anyone who has vacationed at a national park knows one of [...]

New York Times CEO says company will print newspaper indefinitely

While noting that the New York Times Company was a multi-media company, Times CEO Janet Robinson said that print accounted for about 75 percent of the ad revenues so that the Times expected to publish a print newspaper into the future. -db All Things Digital September 22, 2010 By Peter Kafka New York Times CEO Janet [...]

Plumas County forms ad hoc committee to skirt open meeting law

The Plumas County Board of Supervisors formed an ad hoc committee to consider a Feather River College for a “temporary transfer” of funds not over $5 million. The supervisors want to expedite action on the request, and ad hoc committees do not have to give notice of meetings and post agendas in advance. -db Plumas [...]

Orange County: Judge rules no evidence of open meeting violations in high school boundaries case

Parents in the Placentia-Yorba Linda Unified School District lost a suit alleging that the district had violated the Brown Act, California’s open meeting law, in setting boundaries for a new high school. -db Orange County Register September 22, 2010 By Jessica Terrell YORBA LINDA – Frustrated parents suing the Placentia-Yorba Linda Unified School District failed [...]

Proposals for Greater Media Access Released for Public Comment

A California report with a series of proposals to improve media and public access to court records and state proceedings has been released for “public comment” by the Judicial Council. First Amendment Coalition September 22, 2010 By Susana Montes The draft report includes 11 recommendations from the Bench-Bar-Media Committee, appointed by the California Supreme Court. [...]

First Amendment Kiss-Off: Judge Judith Bartnoff

A First Amendment Kiss-off to Judge Judith Bartnoff. The Washington, DC Superior Court judge must have missed school the day her law school class learned about the First Amendment. In a recent case involving a dispute between a law firm and its former client, the judge issued a TRO forbidding a legal newspaper, the National [...]

Republican non-profits avoid regulation and spend millions on TV attack ads

Setting up an non-profits, Republican groups have been able to keep their donor lists private and run ads to influence elections. -db The New York Times September 21, 2010 By Michael Luo and Stephanie Strom Crossroads Grassroots Policy Strategies would certainly seem to the casual observer to be a political organization: Karl Rove, a political [...]

Google launches tool showing governments’ attempts at censorship

Google is now showing the number of requests from governments for removing content from its search page, Gmail, YouTube and other services. -db CNET September 21, 2010 By Lance Whitney In the wake of Google’s censorship battles with China and other nations, the search giant has launched a new tool to reveal which governments are [...]

California court dismisses libel suit against newspaper as SLAPP

A California appeals court upheld a decision to dismiss a libel suit against the San Francisco Chronicle, finding that a column by Chip Johnson was a “fair and true report of a public proceeding” and protected under California law. -db Metropolitan News-Enterprise September 21, 2010 By Kenneth Ofgang A libel suit by an Oakland City [...]

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