Defense department categorizes lawful protests as ‘low-level terrorism’

The ACLU is demanding that the Department of Defense change training materials that the ACLU says equates activism with terrorism. –DB
American Civil Liberties Union
Press Release
June 10, 2009
Anti-terrorism training materials currently being used by the Department of Defense (DoD) teach its personnel that free expression in the form of public protests should be regarded as “low [...]

Coastal Commission serves subpoena on filmmaker

Concerned about a documentary film critical of their policies, the California Costal Commission has taken the unusual step of serving a subpoena for a copy of the work in progress, a move that critics say chills freedom of expression. –DB
CalAware
June 11, 2009
FREE PRESS—The California Coastal Commission has served a subpoena on documentary filmmaker Richard Oshen [...]

Federal court tightens administrative vice on student speech

Federal court tightens administrative vice on student speech
A student who challenged her principal’s authority by including religious appeals in her valedictory speech had her suit against the school district dismissed by a appeals judge in part on the grounds that the speech was a learning opportunity and given the Supreme Court precedent of in Hazelwood [...]

Schwarzenegger’s Calendars

Schwarzenegger’s Calendars
CFAC sued Governor Arnold Schwarzenegger to obtain his calendars of meetings and those of his top aides. CFAC argued that a state Supreme Court decision sustaining a denial of access to these records was implicitly overturned by Prop 59, which the governor had championed during the election. Schwarzenegger settled, agreeing to turn over [...]

CFAC v. CalPERS

CFAC v. CalPERS
CFAC successfully sued CALPERS, California’s public employee retirement system, to force it to disclose the management fees it pays to venture capital, private equity, and hedge funds in which CALPERS invests. Because of its huge size, CALPERS is the de facto standard-setter for the pension industry nationally. When CALPERS settled CFAC’s suit, agreeing [...]

CFAC v. Santa Clara

CFAC v. Santa Clara County

Decisions
Legal Documents
Press Releases
In the news

Decisions
May 18, 2007
California Superior Court rules in favor of CFAC
Legal briefs and other major pleadings (by date)
California 6th Appellate Court of Appeals
April 11, 2008
CFAC ‘Return’ – Main Merits Brief on Appeal
July 5, 2007
Santa Clara Reply to Preliminary Opposition
June 25, 2007
CFAC Preliminary Opposition to [...]

China/WTO

CFAC Taking on the Great Firewall of China
CFAC has initiated a proceeding that will attempt to use international trade laws to force the government of China to end its censorship of the internet. In a submission and presentation to the Office of the US Trade Representative, CFAC has petitioned for the filing of a complaint [...]

Protesting on Sidewalks

Protesting on Sidewalks
Q: We arrived at the sidewalk in front of the Fox television offices. We demonstrated for about an hour then I took the bullhorn and stepped onto the private sidewalk that leads up to the front door of the office building. I spoke my piece as FOX security guards surrounded me and [...]

Public Comment on Public Contracts

Public Comment on Public Contracts
Q: There is a case (which was cited by one of my City’s Attorneys) wherein negotiation of a public proposal (in my case a city-owned building to be sold and developed by a private developer–AND it is an official state historic resource) does not have to be revealed until the [...]

Banning Anonymous Flyers

Banning Anonymous Flyers
Q: The city council is being held under scrutiny for conflicts of interest and corruption by its citizens. 2 city councilmembers are up for re-election in Nov’08. City is now (4-22-08) trying to pass an ordinance that will ban anonymous flyers, and stifle any compitition to current incumbants.
A: The Supreme Court has [...]

Posting Links on Neighborhood Council Websites

Posting Links on Neighborhood Council Websites
Q: My issue is in the stakeholder councils”, i.e. “neighborhood councils” (see www.freedomadvocates.org for background).
I have attempted to post some informational links on the Neighborhood Council website to offer factual information about redevelopment, stakeholder councils along with the other links they have there, e.g. political party meetings, neighborhood [...]

Public Filming of TV Show

Public Filming of TV Show
Q: There was a film crew in my city filming a popular TV show in a restaurant and sidewalk in front of the restaurant.  I took some pictures from the public sidewalk across the street.  None of my pictures were for anything but for my personal use–not commercial in any [...]

Posting in City Sponsored Spaces

Posting in City Sponsored Spaces
Q: I would like to know if cities which maintain bulletin boards, kiosks and other posting places may regulate the content of what is posted and if there is any requirement that these tax supported facilities be available to all?
Our city regulates the contents of posting but the only requirement [...]

Recording at a Board and Care Facility without Permission

Recording at a Board and Care Facility without Permission
Q: My mother lives in a board and care facility.  I have power of attorney.  She is mentally capable, but is diagnosed bi-polar and is experiencing beginning stages of dementia.  She has a private room.  The facility receives funds from CEI for my Mom’s B&C.- a [...]

Anonymous Columnists

Anonymous Columnists
Q: Does anything in the law compel a newspaper to divulge the identify of a columnist who prefers to remain anonymous? Are Realtors, or persons engaged in the Real Estate business restricted in the opinions they may express about real estate?
A: In your inquiry, you pose two questions.  Turning to your first inquiry, [...]

Recording Meetings without Informing/Consent

Recording Meetings without Informing/Consent
Q: You recently stated in response to a question that there was no law against an attendee taping a homeowner association meeting without permission.  My question is:  can they do it without informing the Board of Directors or other attendees?
A: With respect to taking a homeowner association meeting without permission, the [...]

Media Access to Crime/Disaster Scenes

Media Access to Crime/Disaster Scenes
Q: I am looking for the penal code in California for my right to cross a police line for news photography. Looking for something on a card or small for a print out to carry with my press pass.
A: Although I don’t have a wallet-sized version, following are California Penal Code [...]

Media Access to Federal Disaster Scenes

Media Access to Federal Disaster Scenes
Q: We have been having difficulty getting access to photographing firefighting efforts on a National Forest within the state for a wildfire.  U.S. Forest Service personnel suggest that California Penal Code 409.5 doesn’t apply to federal employees or federal land.   They also refuse to allow media through road blocks [...]

Public Comment at meetings, Campaigning, and Freedom of Speech

Public Comment at meetings, Campaigning, and Freedom of Speech
Q: May a legislative body prevent members of the public speaking during the public comments agenda item from blatantly campaigning for or against a candidate for that body?  I believe that that type of discussion is “not a matter subject to the body’s jurisdiction.”  I also [...]

Audio Recording, Meetings

Audio Recording, Meetings
Q: Is it legal in California for a homeowner to secretly tape a HOA meeting. What rights do I have as a homeowner when I find that I have unknowingly been taped of my comments as a homeowner at a monthly HOA meeting? Does any homeowner have the right to tape without [...]

School Boards, Closed Sessions, and Student Files

School Boards, Closed Sessions, and Student Files
Q: I have learned that our school board viewed files of a student in closed session. I learned that the file contains information about the student’s behavior. My further question is: Is there something in law that allows the board to meet in closed session when reviewing such [...]

Journalist Access to Tenants, Private Communities

Journalist Access to Tenants, Private Communities
Q: The manager of an apartment complex where a murder has occurred wants to deny our reporters access to tenants. We want to knock on doors and ask renters if they will be interviewed. Can he prevent us from doing this? Is there a citation?
A: It has long been the [...]

Potential Eavesdropping, Amplifying Speakerphone

Potential Eavesdropping, Amplifying Speakerphone
Q: Does Penal Code section 632 (a) include a speakerphone conversation in the definition of “electronic amplifying”? I use speakerphone while working on the computer, however none of my conversations are considered confidential.
A: I believe you want to know whether listening to another’s conversation amplified through a speakerphone could be the [...]

Newsracks and Shopping Centers

Newsracks and Shopping Centers
Q: There is case law covering placement of news racks and stands on shopping center property. As I recall if they allow one paper to display their newspaper they have to allow all of them. And that they need to have a policy that clearly states what they allow. Currently I [...]

DUI Incidences and Media Reporting

DUI Incidences and Media Reporting
Q: I would like to know if DUI arrest complaints, that would cause harm to the DUI alleged offender (financial, career, personal, threat of personal harm (because of statements they made during an arrest while intoxicated) can legally be published by the media. I would like to know if the [...]

Changing search warrant policy

Changing search warrant policy
Q: A criminal superior court has a new search warrant policy where the affiants or other law enforcement officer who is filing the search warrant redacts information from the warrant in order to reduce the work of the exhausted and overworked court clerks. Items redacted include vehicles searched, addresses searched, and persons [...]

Recording a person without their knowledge

Recording a person without their knowledge
Q: We wish to record a speaker and would rather not alert the him that he is being videotaped and/or audiotaped.  He is more likely to make more derogatory comments if he is unaware.  In your opinion, are we breaking any laws or causing problems for using the audio and/or [...]

Political speech in the workplace

Political speech in the workplace
Q: The company I work for wants me to remove a bumper sticker(”fuck bush”) from my car. I was told that my car will be towed from the employee lot if I do not and may and can lead to job termination. Do they have the right to do so?
A: Although [...]

Regulating teacher speech

Regulating teacher speech
Q: I am a public school teacher.  Our individual school site has an “all staff” conference whereby all staff member may post material.  My school is committed to bilingual education, Hispanic culture, etc.  I posted some articles on how poorly bilingual education performs compared to immersion, etc. that does not conform to the [...]

Creating rules for political campaign signs

Creating rules for political campaign signs
Q: In local city council race, can the city restrict the placement of campaign signs to only private property?  I witnessed city code enforcement personnel removing challenger signs from construction fences.
A: The Court of Appeal in California decided in 1981 that a San Mateo ordinance prohibiting the posting of signs [...]

Political signs on private property

Political signs on private property
Q: I live in a small coastal community and the issue for displaying political signs came up.  I do not believe under the First Amendment that they can prohibit private residence from displaying political signs. Am I correct?  Can they limit size and placement?
A: It is almost certainly true that a [...]

Collecting petitions in public spaces

Collecting petitions in public spaces
Q: I’ve read up on Robins v. Pruneyard and Young v. Albertsons regarding restrictions that may or may not apply to the collection of petition signatures. With respect, especially, to the Albertsons decision, are their any other rulings regarding whether shopping centers and/or individual stores can discriminate based on content? Two
situations [...]

Videotaping public reservoirs

Videotaping public reservoirs
Q: A member of a watershed working group videotaped a tour of the public utilities commission’s reservoir with the knowledge and permission of the public utility commission employee who can be seen in the video.
I am being told indirectly that they want it taken down NOW, and suspect I’m about to be [...]

Student Speech and the First Amendment

Student Speech and the First Amendment
Q: My friend is being suspended from high school for the rest of the year and is having her senior year activities taken away from her. All this came about because she got into an confrontation with at teacher and posted a blog afterwards ranting about the teacher and what [...]

Know your rights when protesting in public space

Know your rights when protesting in public space
Q: We are a group of people who want our public beach to be safe for pedestrians.  When we go onto the beach, we are threatened by the Off-Highway Vehicle (OHV) Division of California State Parks and Recreation who uses our beach as a highway to the Oceano [...]

What to do when a government agency requires a permit and insurance to protest

What to do when a government agency requires a permit and insurance to protest
Q: I am working on organizing a peaceful protest on a public beach.  The state park wants me to get a permit ($625) and insurance to have this protest. Have you ever worked with the state parks o this issue? Can [...]

Free speech and advocating illegal drugs

Free speech and advocating illegal drugs
Q: I intend to run a social networking site with a general focus on marijuana.  The site will allow open forum discussion, web logs & media uploads by its members.  Because marijuana is a controlled substance in the U.S. and I will be running the site from with in the [...]

Controversial art in public spaces

Controversial art in public spaces
Q: A recent art exhibit in the lobby of a city hall for the Chinese New Year was removed because it was considered inflammatory. The work in question juxtaposed a portrait of Mao Zedong and George Washington a la Andy Warhol. The remaining exhibits were demanded to be taken down [...]

Protesting on school grounds

Protesting on school grounds
Q: Can I protest in front of a school about school practices or policies?
For example, have a banner or sign that read’s “[This] high school left my kid behind! and stand in the front of the school near where kids are dropped off or picked up so their parents are [...]

Student ID Tags

Student ID Tags
Q: I have a freshman and a Senior student at the publich High School. For approx. the last 2 years the district has required them to wear ID Tags around their necks at all times within the day/while on campus. While I realize that the district is doing this for safety issues [...]

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