Friday, September 3, 2010

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COALITION LITIGATION

The Coalition conducts a program of strategic litigation. Instead of waiting for cases to come to us, we initiate “test case” lawsuits to resolve key legal issues in a way that maximizes chances for a favorable outcome, with potentially far-reaching effects. These cases are filed in FAC’s own name, occasionally as a co-plaintiff with another party whose presence strengthens the suit. (We do not, for a variety of reasons) represent other parties, although we are sometimes able to assist individuals in finding their own lawyers. Also, FAC weighs in on issues in already-filed cases through the submission of amicus curiae (”friend of the court”) briefs. Depending on time constraints, we also enlist other organizations and interested parties to join FAC in amicus briefs.

In virtually all these matters, we are extremely fortunate to be represented by some of the best law firms in the country on a pro bono basis. Although in some cases the firms can expect to be paid (by the government agency opposing us) if we prevail, in some cases they will go unpaid even if we win, and in all cases the firms take the considerable risk that they could get nothing–other than the good karma that comes from battling for freedom of speech and the people’s right to know. Among the law firms to which we are truly grateful and indebted for their representation of FAC in pro bono cases:

Holme Roberts & Owen (SF office)
Sheppard Mullin (SF, LA and Palo Alto offices)
Davis Wright Tremaine (SF and LA offices)
Jenner & Block (DC
office)
King & Spalding (DC office)
Keker & Van Nest
Ram & Olson
Bostwick & Jassy
Gibson Dunn (LA office)

Below are selected FAC briefs and court decisions in FAC litigation:

First Amendment Coalition Litigation

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 with the World Trade Organization, of which China became a member in 2001.

Click Here For Complete Information on FAC’s China/WTO Case including:

PRESS RELEASE: FAC Suit Against CalPERS Seeks Records on Controversial E Palo Alto Real Estate Investment

FAC—Monday July 19—The First Amendment Coalition (FAC) today announced that it has sued CalPERS, the retirement system for California government workers, over access to records about the agency’s ill-fated investment in an East Palo Alto residential real estate development that has gone bust–at a loss to CalPERS of all of its $100 million stake in [...]

FAC files Brown Act suit alleging pattern & practice of “notice” violations by LA City Council

FAC–The First Amendment Coalition has filed suit against the Los Angeles City Council over the Council’s failure to tell the public, in advance, that it was about to consider and vote on layoffs of thousands of government workers. FAC’s suit, claiming a “pattern and practice” of violations of the Brown Act, requests declaratory and injunctive [...]

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. They [...]

Court rules CA counties must disclose pension amounts paid to government retirees

Nov 6, 2009—In a case filed by the First Amendment Coalition, the Modesto Bee and the California Newspaper Publishers Association, a California Superior Court has ruled that county governments, upon request, must disclose–by name–their retirees’ pension payments.
The Superior Court for Stanislaus County reasoned that the public interest in access to government employees’ pensions outweighs the [...]

FAC files amicus in US Sup Ct free speech / campaign contributions case

The First Amendment Coalition has filed an amicus brief in Citizens United v. FEC, the US Supreme Court case involving First Amendment challenges to federal campaign finance laws regulating corporate political speech during elections.
The Court held this case over for re-argument in September and invited briefing on broader issues than the case originally had been [...]

Settlement in Database Access Suit Announced

BERKELEY, CA, June 16 —The California First Amendment Coalition (CFAC) and MAPLight.org, a nonpartisan, nonprofit research organization that shows the connection between money and politics, announced today that they have settled their freedom of information lawsuit against the Office of Legislative Counsel of California, having gained the object of their suit: a machine-readable database of [...]

Schwarzenegger’s Calendars

June 14, 2009 by admin  
Filed under Coalition Litigation

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

June 14, 2009 by admin  
Filed under Coalition Litigation

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

June 14, 2009 by admin  
Filed under Coalition Litigation

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

June 14, 2009 by admin  
Filed under Coalition Litigation

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 [...]

CFAC files brief to lift gag in BART homicide case

The California First Amendment Coalition has asked a Superior Court judge in Oakland to rescind his gag order in the highly publicized prosecution of a former BART police officer who is charged with murder for the shooting death–captured on numerous cellphone videos uploaded to Youtube–of Oscar Grant III on New Year’s Day.
The Coalition’s brief, written [...]

CFAC Litigation

CFAC and MAPLight sue for public access to state’s legislative database
The California First Amendment Coalition filed suit today against the Legislative Counsel’s office in Sacramento. With our co-petitioner, MAPLight.org, we are seeking a copy of California’s full legislative database–the texts of bills, amendments, votes, dates, etc.—for all legislation.
Although the public currently can access this info [...]

CFAC sponsors bill to prevent agencies from using anti-SLAPP law to deter citizens' open-gov suits

The California First Amendment Coalition is sponsoring legislation to limit the risk assumed by those who resort to court to force local and state agencies to comply with the open records and open meetings laws. The bill, SB 786, has been introduced by State Senator Leland Yee.
SB 786 is directed to lawsuits in which a [...]

Appeal judges hear arguments in CFAC's suit for release of county's digital mapping database

CFAC is awaiting a decision in an appeal of its trial court victory against Santa Clara County for release of the county’s digital “basemap” of real estate parcels, which can be used in various digital mapping applications. Santa Clara County, which has licensed the basemap for tens-of-thousands of dollars, now claims release of the files [...]

CFAC joins appeal to permit webcasting of file-sharing case in federal court

CFAC has joined a legal brief urging the federal Court of Appeals in Boston to allow the webcasting of court hearings in a music file-sharing lawsuit filed by the recording industry. Although TV cameras are permitted in California state trial courts on a case-by-case basis, few federal courts have allowed cameras since an experiment in [...]

Major newspapers back CFAC/MAPlight lawsuit to expand public access to Legislative actions

The San Francisco Chronicle and Sacramento Bee have endorsed a lawsuit by the California First Amendment Coalition and MAPlight.org to open the state Legislature’s entire database of bills, votes and amendments to public view. The state currently allows the public to see only one bill at a time — in a form that makes [...]

Update on open-government legislative proposals in Sacramento

AB 1978
AB 1978, a Bill that would have closed public access to ‘basemap’ data for Geographic Information Systems (GIS), put forth by Assemblymember Jose Solorio, was dropped after opposition from the GIS/GeoData and freedom of information communities.
GIS “basemap” data is used to create the base layer for all local computer mapping. The bill sought [...]

In far-reaching decision, Appeals Court affirms public's right to county mapping database

By Peter Scheer
In a stunning victory for freedom of information advocates, a California appeals court has sustained a public right of access to a government database that makes possible highly accurate digital mapping.
Holding that Santa Clara County must make public its geographic information system (GIS) parcel “basemap,” which shows real estate parcel boundaries, appraisals, and [...]