Sunday, February 5, 2012

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ACLU challenges federal government on records of drone attacks killing U.S. citizens in Yemen

The American Civil Liberties Union is suing the Obama administration to force them to release records related to the deaths by drone attacks of three U.S. citizens in Yemen. The administration cited national security in denying the request for the documents under the Freedom of Information Act, but the ACLU said the drone program should [...]

California: Long Beach wants state court to keep names of officers involved in shootings secret

Long Beach and a police officers group are asking an appeals court  to overturn a lower court ruling that the city must provide the names of officers involved in shootings. After a controversial shooting of an unarmed man in Long Beach in 2010, the Los Angeles Times asked the city to provide the identities of [...]

State Department still says cables WikiLeaks released last year are classified

The Obama administration is still insisting that cables WikiLeaks released last year are classified even though the cables were released by the State Department in compliance with a Freedom of Information Act request. The classified information concerned targeted killings, detention at Guantanamo, torture and rendition. -db From a commentary for the American Civil Liberties Union, [...]

California: District judge orders state legislators to disclose budget records

In a case brought by the Los Angeles Times, the Pasadena Sun and the Sacramento Bee, a Sacramento Superior Court judge ordered the California Assembly to release budget records under the California Public Records Act. Lawyers for the Assembly did not participate in oral arguments before the judge last week. -db From the Los Angeles [...]

Call it the Not-so-public Utilities Commission

November 29, 2011 by  
Filed under 1st Amendment News

If you’re worried about natural gas pipelines running near your home or business, prepare for a long battle to get key information from California’s Public Utilities Commission. Under a 60-year-old law, vast numbers of documents — including regulatory reports and safety studies — are secret, the San Francisco Chronicle reports. What’s more, PG&E often has [...]

Opinion: Los Angeles schools errs in keeping teacher ratings from public

The Los Angeles Unified School District is thwarting the public’s right to know how teachers rated in value-added evaluations saying that the disclosures would be “embarrassing and painful” to teachers. Parents have the right to know how students are faring under their teachers argues Jim Newton in an op-ed in the Los Angeles Times. -db [...]

Cameras in courtrooms: Supreme Court ‘exceptionalism’ keeps public sidelined

November 15, 2011 by  
Filed under 1st Amendment News, News & Opinion

U.S. Supreme Court Justices rationalize their refusal to allow cameras in their courtroom by citing the Court’s unique standing but never say why this exceptionalism justifies the camera ban, writes Tony Mauro for The National Law Journal. Mauro believes that the Justice’s life-long tenure, part of their unique standing, makes it even more advantageous to [...]

Opinion: WikiLeaks may die out but seminal idea will endure

November 11, 2011 by  
Filed under 1st Amendment News, News & Opinion

WikiLeaks seems all the more vulnerable as the founder, Julian Assange, is likely to be extradited from Britain to Sweden on charges of sexual misconduct. But even if WikiLeaks falls, the idea of a transnational organization gathering and disseminating information while evading the grasp of governments, seems likely to survive, writes David Carr in The [...]

Top judge in Los Angeles juvenile court orders open court for child decency hearings

The presiding judge of the Los Angeles Juvenile Court plans to open court hearings to the public by the end of the month in an attempt to bolster public confidence by improving accountability and transparency. The court deals with child abuse and neglect and foster care placement. Many social workers oppose the plan out of [...]

Prop. 8 donors not entitled to anonymity, judge says

November 8, 2011 by  
Filed under 1st Amendment News

Donors to Prop. 8, California’s anti same-sex-marriage initiative, have no right to remain anonymous, a U.S. District Court judge has ruled. Backers of Prop. 8 had argued that campaign contributors could be subject to harassment and threats unless they were allowed dispensation from disclosure laws. But U.S. District Judge Morrison England disagreed, arguing that Prop. 8 [...]

Billionaire backs website on federal government travel expenditures

Billionaire Dallas Mavericks owner Mark Cuban is bankrolling a website run by Chris Carey, a Michigan journalist, with information about government travel spending. The site is  JunketSleuth.com and offers searchable records of travel spending of federal officials and Congressional leaders. JunketSleuth’s “main purpose is transparency and accountability,” said Carey. “People in Washington are saying we [...]

Study suggests way to reduce government overclassification

A report by the Brennan Center for Justice proposes a pilot program for the government to insure employees are accountable for improper classification decisions. The report calls for better training for employees on what should be classified. The report also suggests building in incentives for declassifying documents. -db From The Reporters Committee for Freedom of [...]

California: Attorney General looking at San Luis Obispo judges’ budget power

With San Luis Obispo County  judges awarding themselves over $235,000 in annual benefits, the California Attorney General is considering whether the Commission on Judicial Performance can bring sanctions against them. With control over the budget, the judges began giving themselves extra benefits without complying with state regulations regarding compensation from public funds and with the [...]

California: Alleged open meeting violation by Upland City Council

A former  City Council candidate has filed a complaint with the San Bernardino County District Attorney alleging that the council had committed two open meeting violations. The first was not reporting an action taken during a closed session and the second concerned a resolution to create a supplemental retirement plan. -db From the Inland Valley [...]

Judge agrees LA Times can reveal names of deputies in fatal shootings

A  superior court judge ruled that the Los Angeles Times had the right to identities of sheriff’s deputies involved in fatal shootings. The union for the deputies had contended that the names were private personnel information and to release them would create safety issues. The judge said public interest was paramount and ordered the sheriff’s [...]

California: Legislator proposes repeal of law protecting lawmakers from disclosure

Democratic Assemblyman Anthony Portantino wants to repeal the Legislative Open Records Act that gives lawmakers legal exemptions from disclosing certain records. The proposed bill would make the legislature subject to the broader California Public Records Act. “Assembly leaders have hidden documents and expenditures from the public long enough. It is hypocritical of the Legislature to [...]

California: Judge dismisses open meeting lawsuit against Capistrano schools

Schools watchdog Jim Reardon lost his suit against the Capistrano Unified School District when a judge ruled the district properly dealt with an alleged viiolation of California’s Brown Act, the open meeting law. After Reardon challenged the district over a March closed door meeting to  partially restore pay cuts to employees, the district met again [...]

California: Dispute about what Capistrano schools must do to rectify open meeting violation

Sam Capistrano resident Jim Reardon sued the Capistrano Unified School District  in March claiming the board held a closed door meeting to partially restore teacher salaries and failed to report their actions. Without acknowledging a violation of the Brown Act, California’s open meeting law, the board subsequently held a public meeting to discuss teacher salaries, [...]

Student Press Law Center files amicus in suit challenging secret admissions program at U. of Illinois

With media partners the Student Press Law Center has filed an amicus brief to a federal appeals court arguing that a lower court ruled correctly in granting the Chicago Tribune access to public records about a secret University of Illinois admissions program. The university argued that the records should be withheld on grounds of “student [...]

Federal agencies follow no standard in response to Freedom of Information Act requests

A study conducted by The Hill of government responses to the Freedom of Information Act requests revealed no uniform pattern of response. The Hill filed FOIA request for over 70 federal agency FOIA logs and experienced wide variations in compliance. Some agencies sent logs with names but no affiliations. A few agencies complied in days, [...]

Facebook to feds: Don’t make us disclose sources of political ads

May 12, 2011 by  
Filed under 1st Amendment News

The social networking site Facebook is arguing that when it comes to disclosing the backers of political advertising, size matters. Federal regulations require political advertising to say who’s behind it and who the money came from. But there are exceptions. Some ads, such as bumper stickers, can be too small for disclosure statements. In a [...]

California: Pressure mounting for Capistrano schools regarding open meeting violations

The Orange County District Attorney is claiming that board members of the Caistrano Unified School District violated the Brown Act, the state’s open meeting law by meeting in closed-door sessions in December and January to discuss teacher salary raises and furlough days. The DA criticized the board last October for conducting closed sessions on topics [...]

Appeal filed in case of Tulare County supervisors’ ‘unofficial’ lunch meetings

The First Amendment Coalition and a number of newspapers across the state are appealing a case involving an alleged Brown Act violation by the Tulare County Board of Supervisors who held 30 lunch meetings without public participation. A superior court judge dismissed the suit as lacking factual basis to proceed to trial. The appeal is [...]

Editorial argues for revealing California Legislators’ calendars

In an editorial the San Jose Mercury News argued that current law requires state legislators to open their appointment calendars to public scrutiny. The editorial stated that with 40 percent of legislation introduced in the last two-year session written by special interests, it is essential for the public to know how this happens and the [...]

Challenge mounted against secrecy for California legislators’ calendars

California legislators have rejected a request from media and open government groups to open their appointment calendars to the public. In a letter denying the request, the legislators said they could not provide information on appointments out of “concerns regarding privacy, security and legislative privilege.” The refusal may be challenged in court. The San Jose [...]

U.S. Supreme Court hears Nevada case on whether recusal rules interfere with First Amendment rights

In hearing a case on recusal rules and the First Amendment, the Supreme Court seemed to doubt that conflict of interest rules could run afoul of the First Amendment. The case concerned a Sparks city council member reprimanded for casting a vote on a issue involving his campaign manager. The man’s lawyer argued that not [...]

President considers new disclosure guidelines for contractor political contributions

The Obama administration has written a draft of a new executive order requiring government contractors to list their political contributions when bidding on a federal contract. The order is designed to shed light on contributions that could influence the award of the contract. In Federal Computer Week,  Matthew Weigelt quotes an administration official about the [...]

Los Angeles Times criticized for publishing full text of basketball star’s slur

While The New York Times called Kobe Bryant’s verbal assault on a referee a “gay slur”, the Los Angeles Times printed the slur uncensored (“f—ing faggot”). Nancy Sullivan of the Los Angeles Times explained why they printed the full text of Bryant’s slur, “Derogatory terms such as the one in the Kobe Bryant story are [...]

Government agencies erasing crucial e-mails

Government agencies are failing to maintain records of e-mails prompting concern that the agencies will not be able to fufill their mission and that the citizen’s right to hold government accountable will be seriously compromised. According to a survey conducted by the National Archives and Records Administration, among missing e-mails were thousands improperly destroyed by [...]

Pomona school board admits open meeting violation, plans remediation

The board of the Pomona Unified School District said they erred in discussing a parcel tax proposal in a closed session which led to the proposal being placed on the November ballot. -db Contra Costa Times October 9, 2010 By Monica Rodriguez POMONA, Calif. – A dispute over the Pomona Unified School District board’s alleged [...]

Schwarzenegger vetoes law to open donation records of public university auxiliaries

Putting privacy and fundraising over transparency, California Governor Arnold Schwarzenegger vetoed transparency for the donation records of auxiliaries of the University of California and California State University. -db Central California Business Times September 30, 2010 SACRAMENTO –– A bill that would require the various foundations and other types of auxiliaries that are closely associated with [...]

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 [...]

Chemical security bills lack provisions for transparency

Two chemical facility security bills introduced in the U.S. senate are designed to reduce the consequences of accident or attack on chemical plants and drinking water facilities but fail to provide for accountability and transparency to ensure safety says OMB Watch. -db Chemical security bills lack provisions for transparency OMB Watch Commentary July 27, 2010 [...]

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 [...]

Watchdog group: Lack of transparency damages ability to deal with oil spill disaster

OMB Watch, a nonprofit devoted to promoting government transparency and accountability, says that lack of information from the government and BP has hampered the public’s ability to deal with the spill. In particular, BP has not revealed the chemical makeup of the dispersants so that scientists and others can determine their possible long term consequences. -db [...]

UN sees freedom of information as crucial in promoting justice, development and democracy

In marking World Press Freedom Day, top United Nations officials condemned the killing of journalists, 77 last year, and called for countries to protect those working in the media. -db UN News Centre May 3, 2010 Marking the annual World Press Freedom Day, top United Nations officials have called for promoting the universal right to [...]

Staffing at federal agencies inadequate to deliver on Recovery Act funding

OMB Watch says a report from the groups charged with Recover Act oversight reveals that federal agencies are drastically overworked and under pressure to spend stimulus funds rapidly. The report does not touch on how the agencies are doing to make their work transparent, but OMB Watch says the problem of understaffing should be addressed [...]

California State Assembly Speaker bans texting in session

The new California Assembly Speaker has banned text messaging on the assembly floor prompting skepticism from First Amendment advocates that the ban is enforceable or efficacious. -db CivSource Commentary March 9, 2010 By Bailey McCann Last week, when John A. Perez became California’s new Assembly Speaker a point in his opening speech caught our eye [...]

White House tech officer challenges Tea Party activists to join transparency movement

The White House technology officer has challenged Republicans and Tea Party activists to a competition to establish greater transparency in government. -db The Hill February 22, 2010 By Kim Hart In an ironic twist, the White House is inviting the Tea Party movement to challenge it on government transparency. White House Chief Technology Officer Andrew [...]

Internet raises stakes in cases pitting public disclosure against right to privacy

In Doe v. Reed, the U.S. Supreme Court will weigh the right to privacy under the First Amendment’s protection of freedom of speech and association against the need for open government and transparency in public elections. -DB First Amendment Center Commentary January 19, 2010 By Tony Mauro WASHINGTON, D.C. — The Supreme Court has agreed [...]

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