CFAC's FLASH for 9/7/05

First Amendment and open government news

Vol. 15, No. 17, September 7, 2005

CFAC launches ASKED & ANSWERED
New Online feature combines Google searching with specialized library of answers to legal questions.
A legal "FAQ on steroids"

(CFAC, September 7) -- The next time you have a question about open-government law, the first place to look for an answer is Asked & Answered, a new--and very, very cool--feature on the CFAC web site.

Asked & Answered applies Google searching to a specialized library of lawyers' answers to legal questions about the Brown Act, the Public Records Act, First Amendment case law, and the like. Just enter your search in the Google box on the Asked & Answered page -- and succinct and helpful answers, written by some of the best media lawyers in the country, appear immediately.

Think of Asked & Answered as a legal FAQ on steroids.

The new feature searches a compilation of legal questions that have been submitted by journalists, activists and government officials to CFAC's Legal Hotline service during the past 18 months. The answers are the replies to those questions, prepared by Roger Myers, Brooke Beros, Isela Castaneda, James Chadwick, Katherine Keating, Joshua Koltun, Rachel Matteo-Boehm, Diana Ng Fung, and Danielle Van Wert , CFAC's lawyers at the national law firm of DLA Piper Rudnick Gray Cary. These attorneys' collective expertise on California access and First Amendment issues is truly unexcelled.

To illustrate how Asked & Answered works:

Let's say you have a question about about how much an agency can charge for copies of records requested under the Public Records Act. Go to the Asked & Answered page, here. Find the Google search box in the left hand column of the page. Now enter the words "costs records" and click the "Google Search" button immediately below.

Instantly, you will see at least 4 items from the Asked & Answered library. The first item explains that, in general, agencies may only charge for the direct cost of duplicating records, not for searching for them or reviewing them. It also helpfully points out that a requester can often avoid unnecessary costs by going to the agency and physically inspecting non-exempt records--free of charge.

Other Asked & Answered items responding to this same search discuss the leading court decision (North County Parents Organization for Children with Special Needs v. Department of Education, 23 Cal. App. 4th 144, 146 (1994)) and Opinion of the Attorney General's office (64 Ops. Cal. Atty Gen. 317 (1981)) on the issue of costs. And still other items describe special access and copying rules for tape recordings of public meetings subject to the Brown Act.

Try out Asked & Answered with your own questions--any questions at all on public meetings or access to government records.

Remember to use the Google search form on the Asked & Answered page when using Asked & Answered. The Google search feature appearing elsewhere on the CFAC web site searches all files on our site, while the Asked & Answered Google searches only the Asked & Answered library of lawyers' answers to questions about access and free speech.

We hope you'll agree that Asked & Answered is a very valuable public service. If you find it helpful, we hope you will also leave CFAC a tip in the form of a contribution. --PES

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SUPREME COURT TRANSITIONS
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First Amendment Center:
Chief Justice Rehnquist's 1st Amendment Legacy is one of measured hostility
To Free Speech, with occasional exceptions and surprises
Read the story

OMB Watch:
Judge Roberts' Paper Trail suggests deference to government claims of secrecy. As White House Counsel, he erred on side of limiting disclosure under FOIA
Read the story

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HURRICANE KATRINA: DAMMING THE FLOW OF INFORMATION
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Coalition of Journalists for Open Government:
EPA says no to journalists' requests for aerial surveys of flooding
Read the story

Reuters:
FEMA requests media not take photos of New Orleans dead
Read the story

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POWER TO THE PEOPLE: UNLOCKING GOVERNMENT FOR
THE PUBLIC, PRESS, AND THE BLOGS

featuring
* FLOYD ABRAMS as keynote

* a special honor to MARK FELT (aka "Deep Throat")

* panel discussions on blogging, Prop 59 and everything in between

CFAC's annual free speech assembly
October 14 and 15

Cal State Fullerton

Click here for more information

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FIRST AMENDMENT AND OPEN GOVERNMENT NEWS
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Bloomberg:
California Assembly Approves Bill to clarify disclosure requirements for VC, hedge funds investments by CALPERS and other public pensions. Bill assures access while protecting confidentiality of some information.
Read the story

Contra Costa Times:
Antioch Councilmember challenges notice for garbage fee hike. Says meeting agena too vague.
Read the story

Los Angeles Times:
Woman sued over ballot argument
Developer says remarks about a resort proposed in the Santa Monica Mountains are false.
Read the story

San Francisco Chronicle:
Artist fumes over relocation of controversial painting at state building
Read the story

Editor & Publisher:
Unanimous Calif. Assembly vote urges Federal Shield Law
Read the story

San Gabriel Valley Tribune:
Council picks late entry for commission. Name not among choices on meeting notice.
Read the story

CFAC:
CFAC joins RCFP in urging new AG Gonzales to rescind "Ashcroft Memorandum"
Read the story

The Recorder:
Santa Clara considering public inquests in all deaths involving police officers. Change would follow DA's policy of public grand jury proceedings.
Read the story

Editor & Publisher:
High school Journo draws fire from Pentagon after Army sting.
Posing as potential enlistee, reporter interviews recruiters
Read the story

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MORE FIRST AMENDMENT AND OPEN GOVERNMENT NEWS
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Associated Press:
ACLU sues to block FBI access to library records. Case tests government authority under Electronic Communications Privacy Act
Read the story

Orange County Register:
DA's Office finds closed-door casino talks violated Brown Act. But, citing lack of intent, prosecutor declines to file charges.
Read the story

Los Angeles Times:
Nonprofits cloak donors to Governor:
Tax-exempt groups provide millions from sources not made public. Ethics watchdogs say the practice avoids state disclosure laws.
Read the story

Fresno Bee:
Fresno data to be available online -- for a subscription fee of $1,795/year. Should city give away free info for which a handful of users would pay dearly?
Read the story

CNPA:
Victorville paper publishes sex offender profiles
Read the story

Los Angeles Times:
Students sue to write about Gays
Kern County school administrators block a newspaper's series on homosexual issues.
Read the story

Associated Press:
Court Reinstates suit vs. NY Times by scientist investigated for 2001 anthrax mailings
Read the story

North County Times:
Open government issues take front seat in Oceanside
Read the story

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CFAC IN THE NEWS
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For a listing, on Google, of recent news stories about CFAC, click here.

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EDITORIALS
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Sacramento Bee:
Pension disclosure: What the public needs to know
Read the editorial

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The California First Amendment Coalition is a non-profit public
interest organization dedicated to enhancing rights to freedom
of speech and open government through information and
educational services, strategic litigation, and lobbying.

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