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THE FIRST AMENDMENT PROJECT SOCIETY OF PROFESSIONAL RECORDING OR BROADCASTING IN COURT Court proceedings may not be photographed, recorded or broadcast without a court order. (CRC 980). This rule has been applied to pro- BROWN ACT WHAT MUST HAPPEN WHAT IF. a service of: the first amendment project society of professional journalists (nor. cal.) a pocket guide to open meeting laws in california: the brown act CALIFORNIA PUBLIC RECORDS ACT WHAT’S COVERED ACCESS TIP L WHAT’S NOT COVERED • Employees' private papers, unless they "re-lat to the conduct of the public’s business prepared, owned, used, or retained “F THE POLICE: POLICE SURVEILLANCE AND HOW TO AVOID IT” 2 Police and surveillance companies go to great lengths to keep this a secret. > Harris, the company that sells Stingrays, requires that police departments sign a non-disclosure agreement promising not to reference Stingrays in any public AN ENVIRONMENTAL ADVOCATE’S GUIDE TO AVOIDING DEFAMATION 2 A PRIMER ON PUBLICATION LIABILITY DEFAMATION Defamation Defined Defamation is injury to reputation caused by the utterance or publication of false statements. Defamation includes libel and slander. Libel includes written or “permanently fixed” falsehoods.Slander includes spoken falsehoods. State law varies on whether or not it is CALIFORNIA SHIELD LAW CALIFORNIA SHIELD LAW Cal. Const. article 1 § 2(b) Cal. Evidence Code 1070 THE BASICS The California Shield Law provides legal protections to journalists seeking to maintain the confidentiality34-2016-8000235$
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CLAUDIA POLSKY Stat, Bae r No . 185505 Environmental Law Clinic U.C. Berkeley Schoo of Lal w JAMES R. WHEATON (STATE BAR NO. 115230) 5/8/2015 11:55:45 AM 4 Verified Petition for Writ of Mandate and Complaint for Declaratory Relief 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BOARD is a THE STORM THAT MIGHT BLOW AWAY DEMOCRACY 2012. Both received 1,409,000 votes.10 But Clinton again could not spark many Obama voters to turn out for her: she tallied 230,000 votes less than Obama did in 2012. This is how a 200,000-vote victory margin for Obama in the Badger State became a GUARDING AGAINST THE CHILL Guarding Against the Chill Page 4 suit is based is important in determining whether a particular case is a SLAPP. If the activity which triggers the lawsuit is constitutionally protected speech orpetition activity,
THE FIRST AMENDMENT PROJECT SOCIETY OF PROFESSIONAL RECORDING OR BROADCASTING IN COURT Court proceedings may not be photographed, recorded or broadcast without a court order. (CRC 980). This rule has been applied to pro- BROWN ACT WHAT MUST HAPPEN WHAT IF. a service of: the first amendment project society of professional journalists (nor. cal.) a pocket guide to open meeting laws in california: the brown act CALIFORNIA PUBLIC RECORDS ACT WHAT’S COVERED ACCESS TIP L WHAT’S NOT COVERED • Employees' private papers, unless they "re-lat to the conduct of the public’s business prepared, owned, used, or retained “F THE POLICE: POLICE SURVEILLANCE AND HOW TO AVOID IT” 2 Police and surveillance companies go to great lengths to keep this a secret. > Harris, the company that sells Stingrays, requires that police departments sign a non-disclosure agreement promising not to reference Stingrays in any public AN ENVIRONMENTAL ADVOCATE’S GUIDE TO AVOIDING DEFAMATION 2 A PRIMER ON PUBLICATION LIABILITY DEFAMATION Defamation Defined Defamation is injury to reputation caused by the utterance or publication of false statements. Defamation includes libel and slander. Libel includes written or “permanently fixed” falsehoods.Slander includes spoken falsehoods. State law varies on whether or not it is CALIFORNIA SHIELD LAW CALIFORNIA SHIELD LAW Cal. Const. article 1 § 2(b) Cal. Evidence Code 1070 THE BASICS The California Shield Law provides legal protections to journalists seeking to maintain the confidentiality34-2016-8000235$
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CLAUDIA POLSKY Stat, Bae r No . 185505 Environmental Law Clinic U.C. Berkeley Schoo of Lal w JAMES R. WHEATON (STATE BAR NO. 115230) 5/8/2015 11:55:45 AM 4 Verified Petition for Writ of Mandate and Complaint for Declaratory Relief 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BOARD is a THE STORM THAT MIGHT BLOW AWAY DEMOCRACY 2012. Both received 1,409,000 votes.10 But Clinton again could not spark many Obama voters to turn out for her: she tallied 230,000 votes less than Obama did in 2012. This is how a 200,000-vote victory margin for Obama in the Badger State became a AN ENVIRONMENTAL ADVOCATE’S GUIDE TO AVOIDING DEFAMATION 2 A PRIMER ON PUBLICATION LIABILITY DEFAMATION Defamation Defined Defamation is injury to reputation caused by the utterance or publication of false statements. Defamation includes libel and slander. Libel includes written or “permanently fixed” falsehoods.Slander includes spoken falsehoods. State law varies on whether or not it is THE FIRST AMENDMENT PROJECT SOCIETY OF PROFESSIONAL RECORDING OR BROADCASTING IN COURT Court proceedings may not be photographed, recorded or broadcast without a court order. (CRC 980). This rule has been applied to pro-34-2016-8000235$
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CLAUDIA POLSKY Stat, Bae r No . 185505 Environmental Law Clinic U.C. Berkeley Schoo of Lal w FIRST AMENDMENT PROJECT MEMORANDUM OF POINTS AND AUTHORITIES BYAMICI CURIAE James R. Wheaton (SBN 115230) Cherokee D.M. Melton (SBN 243265) FIRST AMENDMENT PROJECT 1736 Franklin Street, 9th Floor Oakland, CA 94612 IN THE SUPREME COURT OF THE STATE OF CALIFORNIA IN RE 2 J.M. Coetzee is the winner of the 2003 Nobel Prize for Literature for “writing that upholds the fragile experience of the individual against the barbaric arbitrariness of history.” Coetzee is a FIRST AMENDMENT PROJECT LEADER DAVID GREENE TO JOIN HOLME First Amendment Project leader David Greene to join Holme, Roberts and Owen media practice group. The First Amendment Project has announced that its Executive Director and Staff Counsel David Greene has accepted a position with the San Francisco office of law firm Holme, Roberts & Owen, effective August 1. FAP SECURES VICTORY FOR ENVIRONMENTAL NON-PROFIT FAP Secures Victory for Environmental Non-Profit Organizations in SLAPP Suit. A San Diego County Superior Court Judge dismissed a lawsuit brought by real estate developers challenging a general plan update and zoning changes that, according to FAP AND EFF FILE AMICI CURIAE BRIEF URGING RELEASE OF BODY FAP and EFF File Amici Curiae Brief Urging Release of Body Camera Footage. The First Amendment Project, on behalf of the Northern California Chapter of the Society of Professional Journalists, and the Electronic Frontier Foundation, joined together to file an amici curiae brief to oppose a Motion for Protective Order brought by the San Francisco District Attorney’s Office, prohibiting the COURT QUASHES SEARCH WARRANT, ORDERS UCPD TO RETURN Court quashes search warrant, orders UCPD to return veteran journalist’s news photographs. On Friday, June 18, an Alameda County Superior Court judge quashed an illegal search warrant issued for the unpublished news photographs of veteran photojournalist David Morse. THE STORM THAT MIGHT BLOW AWAY DEMOCRACY 2012. Both received 1,409,000 votes.10 But Clinton again could not spark many Obama voters to turn out for her: she tallied 230,000 votes less than Obama did in 2012. This is how a 200,000-vote victory margin for Obama in the Badger State became a GUARDING AGAINST THE CHILL Guarding Against the Chill Page 4 suit is based is important in determining whether a particular case is a SLAPP. If the activity which triggers the lawsuit is constitutionally protected speech orpetition activity,
THE FIRST AMENDMENT PROJECT SOCIETY OF PROFESSIONAL RECORDING OR BROADCASTING IN COURT Court proceedings may not be photographed, recorded or broadcast without a court order. (CRC 980). This rule has been applied to pro- BROWN ACT WHAT MUST HAPPEN WHAT IF. a service of: the first amendment project society of professional journalists (nor. cal.) a pocket guide to open meeting laws in california: the brown act CALIFORNIA PUBLIC RECORDS ACT WHAT’S COVERED ACCESS TIP L WHAT’S NOT COVERED • Employees' private papers, unless they "re-lat to the conduct of the public’s business prepared, owned, used, or retained “F THE POLICE: POLICE SURVEILLANCE AND HOW TO AVOID IT” 2 Police and surveillance companies go to great lengths to keep this a secret. > Harris, the company that sells Stingrays, requires that police departments sign a non-disclosure agreement promising not to reference Stingrays in any public AN ENVIRONMENTAL ADVOCATE’S GUIDE TO AVOIDING DEFAMATION 2 A PRIMER ON PUBLICATION LIABILITY DEFAMATION Defamation Defined Defamation is injury to reputation caused by the utterance or publication of false statements. Defamation includes libel and slander. Libel includes written or “permanently fixed” falsehoods.Slander includes spoken falsehoods. State law varies on whether or not it is CALIFORNIA SHIELD LAW CALIFORNIA SHIELD LAW Cal. Const. article 1 § 2(b) Cal. Evidence Code 1070 THE BASICS The California Shield Law provides legal protections to journalists seeking to maintain the confidentiality34-2016-8000235$
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CLAUDIA POLSKY Stat, Bae r No . 185505 Environmental Law Clinic U.C. Berkeley Schoo of Lal w JAMES R. WHEATON (STATE BAR NO. 115230) 5/8/2015 11:55:45 AM 4 Verified Petition for Writ of Mandate and Complaint for Declaratory Relief 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BOARD is a THE STORM THAT MIGHT BLOW AWAY DEMOCRACY 2012. Both received 1,409,000 votes.10 But Clinton again could not spark many Obama voters to turn out for her: she tallied 230,000 votes less than Obama did in 2012. This is how a 200,000-vote victory margin for Obama in the Badger State became a GUARDING AGAINST THE CHILL Guarding Against the Chill Page 4 suit is based is important in determining whether a particular case is a SLAPP. If the activity which triggers the lawsuit is constitutionally protected speech orpetition activity,
THE FIRST AMENDMENT PROJECT SOCIETY OF PROFESSIONAL RECORDING OR BROADCASTING IN COURT Court proceedings may not be photographed, recorded or broadcast without a court order. (CRC 980). This rule has been applied to pro- BROWN ACT WHAT MUST HAPPEN WHAT IF. a service of: the first amendment project society of professional journalists (nor. cal.) a pocket guide to open meeting laws in california: the brown act CALIFORNIA PUBLIC RECORDS ACT WHAT’S COVERED ACCESS TIP L WHAT’S NOT COVERED • Employees' private papers, unless they "re-lat to the conduct of the public’s business prepared, owned, used, or retained “F THE POLICE: POLICE SURVEILLANCE AND HOW TO AVOID IT” 2 Police and surveillance companies go to great lengths to keep this a secret. > Harris, the company that sells Stingrays, requires that police departments sign a non-disclosure agreement promising not to reference Stingrays in any public AN ENVIRONMENTAL ADVOCATE’S GUIDE TO AVOIDING DEFAMATION 2 A PRIMER ON PUBLICATION LIABILITY DEFAMATION Defamation Defined Defamation is injury to reputation caused by the utterance or publication of false statements. Defamation includes libel and slander. Libel includes written or “permanently fixed” falsehoods.Slander includes spoken falsehoods. State law varies on whether or not it is CALIFORNIA SHIELD LAW CALIFORNIA SHIELD LAW Cal. Const. article 1 § 2(b) Cal. Evidence Code 1070 THE BASICS The California Shield Law provides legal protections to journalists seeking to maintain the confidentiality34-2016-8000235$
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CLAUDIA POLSKY Stat, Bae r No . 185505 Environmental Law Clinic U.C. Berkeley Schoo of Lal w JAMES R. WHEATON (STATE BAR NO. 115230) 5/8/2015 11:55:45 AM 4 Verified Petition for Writ of Mandate and Complaint for Declaratory Relief 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BOARD is a THE STORM THAT MIGHT BLOW AWAY DEMOCRACY 2012. Both received 1,409,000 votes.10 But Clinton again could not spark many Obama voters to turn out for her: she tallied 230,000 votes less than Obama did in 2012. This is how a 200,000-vote victory margin for Obama in the Badger State became a AN ENVIRONMENTAL ADVOCATE’S GUIDE TO AVOIDING DEFAMATION 2 A PRIMER ON PUBLICATION LIABILITY DEFAMATION Defamation Defined Defamation is injury to reputation caused by the utterance or publication of false statements. Defamation includes libel and slander. Libel includes written or “permanently fixed” falsehoods.Slander includes spoken falsehoods. State law varies on whether or not it is THE FIRST AMENDMENT PROJECT SOCIETY OF PROFESSIONAL RECORDING OR BROADCASTING IN COURT Court proceedings may not be photographed, recorded or broadcast without a court order. (CRC 980). This rule has been applied to pro-34-2016-8000235$
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CLAUDIA POLSKY Stat, Bae r No . 185505 Environmental Law Clinic U.C. Berkeley Schoo of Lal w FIRST AMENDMENT PROJECT MEMORANDUM OF POINTS AND AUTHORITIES BYAMICI CURIAE James R. Wheaton (SBN 115230) Cherokee D.M. Melton (SBN 243265) FIRST AMENDMENT PROJECT 1736 Franklin Street, 9th Floor Oakland, CA 94612 IN THE SUPREME COURT OF THE STATE OF CALIFORNIA IN RE 2 J.M. Coetzee is the winner of the 2003 Nobel Prize for Literature for “writing that upholds the fragile experience of the individual against the barbaric arbitrariness of history.” Coetzee is a FIRST AMENDMENT PROJECT LEADER DAVID GREENE TO JOIN HOLME First Amendment Project leader David Greene to join Holme, Roberts and Owen media practice group. The First Amendment Project has announced that its Executive Director and Staff Counsel David Greene has accepted a position with the San Francisco office of law firm Holme, Roberts & Owen, effective August 1. FAP SECURES VICTORY FOR ENVIRONMENTAL NON-PROFIT FAP Secures Victory for Environmental Non-Profit Organizations in SLAPP Suit. A San Diego County Superior Court Judge dismissed a lawsuit brought by real estate developers challenging a general plan update and zoning changes that, according to FAP AND EFF FILE AMICI CURIAE BRIEF URGING RELEASE OF BODY FAP and EFF File Amici Curiae Brief Urging Release of Body Camera Footage. The First Amendment Project, on behalf of the Northern California Chapter of the Society of Professional Journalists, and the Electronic Frontier Foundation, joined together to file an amici curiae brief to oppose a Motion for Protective Order brought by the San Francisco District Attorney’s Office, prohibiting the COURT QUASHES SEARCH WARRANT, ORDERS UCPD TO RETURN Court quashes search warrant, orders UCPD to return veteran journalist’s news photographs. On Friday, June 18, an Alameda County Superior Court judge quashed an illegal search warrant issued for the unpublished news photographs of veteran photojournalist David Morse. THE STORM THAT MIGHT BLOW AWAY DEMOCRACY 2012. Both received 1,409,000 votes.10 But Clinton again could not spark many Obama voters to turn out for her: she tallied 230,000 votes less than Obama did in 2012. This is how a 200,000-vote victory margin for Obama in the Badger State became a BROWN ACT WHAT MUST HAPPEN WHAT IF. a service of: the first amendment project society of professional journalists (nor. cal.) a pocket guide to open meeting laws in california: the brown act GUARDING AGAINST THE CHILL Guarding Against the Chill Page 4 suit is based is important in determining whether a particular case is a SLAPP. If the activity which triggers the lawsuit is constitutionally protected speech orpetition activity,
THE FIRST AMENDMENT PROJECT SOCIETY OF PROFESSIONAL RECORDING OR BROADCASTING IN COURT Court proceedings may not be photographed, recorded or broadcast without a court order. (CRC 980). This rule has been applied to pro- CALIFORNIA PUBLIC RECORDS ACT WHAT’S COVERED ACCESS TIP L WHAT’S NOT COVERED • Employees' private papers, unless they "re-lat to the conduct of the public’s business prepared, owned, used, or retained AN ENVIRONMENTAL ADVOCATE’S GUIDE TO AVOIDING DEFAMATION 2 A PRIMER ON PUBLICATION LIABILITY DEFAMATION Defamation Defined Defamation is injury to reputation caused by the utterance or publication of false statements. Defamation includes libel and slander. Libel includes written or “permanently fixed” falsehoods.Slander includes spoken falsehoods. State law varies on whether or not it is “F THE POLICE: POLICE SURVEILLANCE AND HOW TO AVOID IT” 2 Police and surveillance companies go to great lengths to keep this a secret. > Harris, the company that sells Stingrays, requires that police departments sign a non-disclosure agreement promising not to reference Stingrays in any public CALIFORNIA SHIELD LAW CALIFORNIA SHIELD LAW Cal. Const. article 1 § 2(b) Cal. Evidence Code 1070 THE BASICS The California Shield Law provides legal protections to journalists seeking to maintain the confidentiality34-2016-8000235$
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CLAUDIA POLSKY Stat, Bae r No . 185505 Environmental Law Clinic U.C. Berkeley Schoo of Lal w FIRST AMENDMENT PROJECT LEADER DAVID GREENE TO JOIN HOLME First Amendment Project leader David Greene to join Holme, Roberts and Owen media practice group. The First Amendment Project has announced that its Executive Director and Staff Counsel David Greene has accepted a position with the San Francisco office of law firm Holme, Roberts & Owen, effective August 1. THE STORM THAT MIGHT BLOW AWAY DEMOCRACY 2012. Both received 1,409,000 votes.10 But Clinton again could not spark many Obama voters to turn out for her: she tallied 230,000 votes less than Obama did in 2012. This is how a 200,000-vote victory margin for Obama in the Badger State became a BROWN ACT WHAT MUST HAPPEN WHAT IF. a service of: the first amendment project society of professional journalists (nor. cal.) a pocket guide to open meeting laws in california: the brown act GUARDING AGAINST THE CHILL Guarding Against the Chill Page 4 suit is based is important in determining whether a particular case is a SLAPP. If the activity which triggers the lawsuit is constitutionally protected speech orpetition activity,
THE FIRST AMENDMENT PROJECT SOCIETY OF PROFESSIONAL RECORDING OR BROADCASTING IN COURT Court proceedings may not be photographed, recorded or broadcast without a court order. (CRC 980). This rule has been applied to pro- CALIFORNIA PUBLIC RECORDS ACT WHAT’S COVERED ACCESS TIP L WHAT’S NOT COVERED • Employees' private papers, unless they "re-lat to the conduct of the public’s business prepared, owned, used, or retained AN ENVIRONMENTAL ADVOCATE’S GUIDE TO AVOIDING DEFAMATION 2 A PRIMER ON PUBLICATION LIABILITY DEFAMATION Defamation Defined Defamation is injury to reputation caused by the utterance or publication of false statements. Defamation includes libel and slander. Libel includes written or “permanently fixed” falsehoods.Slander includes spoken falsehoods. State law varies on whether or not it is “F THE POLICE: POLICE SURVEILLANCE AND HOW TO AVOID IT” 2 Police and surveillance companies go to great lengths to keep this a secret. > Harris, the company that sells Stingrays, requires that police departments sign a non-disclosure agreement promising not to reference Stingrays in any public CALIFORNIA SHIELD LAW CALIFORNIA SHIELD LAW Cal. Const. article 1 § 2(b) Cal. Evidence Code 1070 THE BASICS The California Shield Law provides legal protections to journalists seeking to maintain the confidentiality34-2016-8000235$
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CLAUDIA POLSKY Stat, Bae r No . 185505 Environmental Law Clinic U.C. Berkeley Schoo of Lal w FIRST AMENDMENT PROJECT LEADER DAVID GREENE TO JOIN HOLME First Amendment Project leader David Greene to join Holme, Roberts and Owen media practice group. The First Amendment Project has announced that its Executive Director and Staff Counsel David Greene has accepted a position with the San Francisco office of law firm Holme, Roberts & Owen, effective August 1. AN ENVIRONMENTAL ADVOCATE’S GUIDE TO AVOIDING DEFAMATION 2 A PRIMER ON PUBLICATION LIABILITY DEFAMATION Defamation Defined Defamation is injury to reputation caused by the utterance or publication of false statements. Defamation includes libel and slander. Libel includes written or “permanently fixed” falsehoods.Slander includes spoken falsehoods. State law varies on whether or not it is34-2016-8000235$
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CLAUDIA POLSKY Stat, Bae r No . 185505 Environmental Law Clinic U.C. Berkeley Schoo of Lal w FIRST AMENDMENT PROJECT MEMORANDUM OF POINTS AND AUTHORITIES BYAMICI CURIAE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 is a publicevent” and “hat
IN THE SUPREME COURT OF THE STATE OF CALIFORNIA IN RE 2 J.M. Coetzee is the winner of the 2003 Nobel Prize for Literature for “writing that upholds the fragile experience of the individual against the barbaric arbitrariness of history.” Coetzee is a FAP FILES PUBLIC RECORDS ACT CASE WITH U.C. BERKELEY FAP Files Public Records Act Case with U.C. Berkeley School of Law. On May 27, 2016, FAP, along with the Environmental Law Clinic at the U.C. Berkeley School of Law, filed a lawsuit against the California Department of Public Health (“CDPH”) for violation of the California Public Records Act (“CPRA”). The suit alleges that, despite repeated requests by plaintiff and petitioner Dr. Joel FIRST AMENDMENT PROJECT LEADER DAVID GREENE TO JOIN HOLME First Amendment Project leader David Greene to join Holme, Roberts and Owen media practice group. The First Amendment Project has announced that its Executive Director and Staff Counsel David Greene has accepted a position with the San Francisco office of law firm Holme, Roberts & Owen, effective August 1. JAMES R. WHEATON (STATE BAR NO. 115230) 5/8/2015 11:55:45 AM 4 Verified Petition for Writ of Mandate and Complaint for Declaratory Relief 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BOARD is a FAP AND EFF FILE AMICI CURIAE BRIEF URGING RELEASE OF BODY FAP and EFF File Amici Curiae Brief Urging Release of Body Camera Footage. The First Amendment Project, on behalf of the Northern California Chapter of the Society of Professional Journalists, and the Electronic Frontier Foundation, joined together to file an amici curiae brief to oppose a Motion for Protective Order brought by the San Francisco District Attorney’s Office, prohibiting the FAP SECURES VICTORY FOR ENVIRONMENTAL NON-PROFIT FAP Secures Victory for Environmental Non-Profit Organizations in SLAPP Suit. A San Diego County Superior Court Judge dismissed a lawsuit brought by real estate developers challenging a general plan update and zoning changes that, according to COURT QUASHES SEARCH WARRANT, ORDERS UCPD TO RETURN Court quashes search warrant, orders UCPD to return veteran journalist’s news photographs. On Friday, June 18, an Alameda County Superior Court judge quashed an illegal search warrant issued for the unpublished news photographs of veteran photojournalist David Morse. THE STORM THAT MIGHT BLOW AWAY DEMOCRACY 2012. Both received 1,409,000 votes.10 But Clinton again could not spark many Obama voters to turn out for her: she tallied 230,000 votes less than Obama did in 2012. This is how a 200,000-vote victory margin for Obama in the Badger State became a BROWN ACT WHAT MUST HAPPEN WHAT IF. a service of: the first amendment project society of professional journalists (nor. cal.) a pocket guide to open meeting laws in california: the brown act THE FIRST AMENDMENT PROJECT SOCIETY OF PROFESSIONAL RECORDING OR BROADCASTING IN COURT Court proceedings may not be photographed, recorded or broadcast without a court order. (CRC 980). This rule has been applied to pro- GUARDING AGAINST THE CHILL Guarding Against the Chill Page 4 suit is based is important in determining whether a particular case is a SLAPP. If the activity which triggers the lawsuit is constitutionally protected speech orpetition activity,
CALIFORNIA PUBLIC RECORDS ACT WHAT’S COVERED ACCESS TIP L WHAT’S NOT COVERED • Employees' private papers, unless they "re-lat to the conduct of the public’s business prepared, owned, used, or retained AN ENVIRONMENTAL ADVOCATE’S GUIDE TO AVOIDING DEFAMATION 2 A PRIMER ON PUBLICATION LIABILITY DEFAMATION Defamation Defined Defamation is injury to reputation caused by the utterance or publication of false statements. Defamation includes libel and slander. Libel includes written or “permanently fixed” falsehoods.Slander includes spoken falsehoods. State law varies on whether or not it is “F THE POLICE: POLICE SURVEILLANCE AND HOW TO AVOID IT” 2 Police and surveillance companies go to great lengths to keep this a secret. > Harris, the company that sells Stingrays, requires that police departments sign a non-disclosure agreement promising not to reference Stingrays in any public CALIFORNIA SHIELD LAW CALIFORNIA SHIELD LAW Cal. Const. article 1 § 2(b) Cal. Evidence Code 1070 THE BASICS The California Shield Law provides legal protections to journalists seeking to maintain the confidentiality34-2016-8000235$
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CLAUDIA POLSKY Stat, Bae r No . 185505 Environmental Law Clinic U.C. Berkeley Schoo of Lal w FIRST AMENDMENT PROJECT LEADER DAVID GREENE TO JOIN HOLME First Amendment Project leader David Greene to join Holme, Roberts and Owen media practice group. The First Amendment Project has announced that its Executive Director and Staff Counsel David Greene has accepted a position with the San Francisco office of law firm Holme, Roberts & Owen, effective August 1. THE STORM THAT MIGHT BLOW AWAY DEMOCRACY 2012. Both received 1,409,000 votes.10 But Clinton again could not spark many Obama voters to turn out for her: she tallied 230,000 votes less than Obama did in 2012. This is how a 200,000-vote victory margin for Obama in the Badger State became a BROWN ACT WHAT MUST HAPPEN WHAT IF. a service of: the first amendment project society of professional journalists (nor. cal.) a pocket guide to open meeting laws in california: the brown act THE FIRST AMENDMENT PROJECT SOCIETY OF PROFESSIONAL RECORDING OR BROADCASTING IN COURT Court proceedings may not be photographed, recorded or broadcast without a court order. (CRC 980). This rule has been applied to pro- GUARDING AGAINST THE CHILL Guarding Against the Chill Page 4 suit is based is important in determining whether a particular case is a SLAPP. If the activity which triggers the lawsuit is constitutionally protected speech orpetition activity,
CALIFORNIA PUBLIC RECORDS ACT WHAT’S COVERED ACCESS TIP L WHAT’S NOT COVERED • Employees' private papers, unless they "re-lat to the conduct of the public’s business prepared, owned, used, or retained AN ENVIRONMENTAL ADVOCATE’S GUIDE TO AVOIDING DEFAMATION 2 A PRIMER ON PUBLICATION LIABILITY DEFAMATION Defamation Defined Defamation is injury to reputation caused by the utterance or publication of false statements. Defamation includes libel and slander. Libel includes written or “permanently fixed” falsehoods.Slander includes spoken falsehoods. State law varies on whether or not it is “F THE POLICE: POLICE SURVEILLANCE AND HOW TO AVOID IT” 2 Police and surveillance companies go to great lengths to keep this a secret. > Harris, the company that sells Stingrays, requires that police departments sign a non-disclosure agreement promising not to reference Stingrays in any public CALIFORNIA SHIELD LAW CALIFORNIA SHIELD LAW Cal. Const. article 1 § 2(b) Cal. Evidence Code 1070 THE BASICS The California Shield Law provides legal protections to journalists seeking to maintain the confidentiality34-2016-8000235$
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CLAUDIA POLSKY Stat, Bae r No . 185505 Environmental Law Clinic U.C. Berkeley Schoo of Lal w FIRST AMENDMENT PROJECT LEADER DAVID GREENE TO JOIN HOLME First Amendment Project leader David Greene to join Holme, Roberts and Owen media practice group. The First Amendment Project has announced that its Executive Director and Staff Counsel David Greene has accepted a position with the San Francisco office of law firm Holme, Roberts & Owen, effective August 1. ABOUT THE FIRST AMENDMENT PROJECT About the First Amendment Project. The First Amendment Project is a nonprofit law firm dedicated to protecting and promoting freedom of information, expression, and petition. For more than 20 years, FAP has provided advice, educational materials, and pro bono legal representation to journalists, documentarians, artists, activists,nonprofit
AN ENVIRONMENTAL ADVOCATE’S GUIDE TO AVOIDING DEFAMATION 2 A PRIMER ON PUBLICATION LIABILITY DEFAMATION Defamation Defined Defamation is injury to reputation caused by the utterance or publication of false statements. Defamation includes libel and slander. Libel includes written or “permanently fixed” falsehoods.Slander includes spoken falsehoods. State law varies on whether or not it is34-2016-8000235$
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CLAUDIA POLSKY Stat, Bae r No . 185505 Environmental Law Clinic U.C. Berkeley Schoo of Lal w FIRST AMENDMENT PROJECT MEMORANDUM OF POINTS AND AUTHORITIES BYAMICI CURIAE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 is a publicevent” and “hat
IN THE SUPREME COURT OF THE STATE OF CALIFORNIA IN RE 2 J.M. Coetzee is the winner of the 2003 Nobel Prize for Literature for “writing that upholds the fragile experience of the individual against the barbaric arbitrariness of history.” Coetzee is a FAP FILES PUBLIC RECORDS ACT CASE WITH U.C. BERKELEY FAP Files Public Records Act Case with U.C. Berkeley School of Law. On May 27, 2016, FAP, along with the Environmental Law Clinic at the U.C. Berkeley School of Law, filed a lawsuit against the California Department of Public Health (“CDPH”) for violation of the California Public Records Act (“CPRA”). The suit alleges that, despite repeated requests by plaintiff and petitioner Dr. Joel JAMES R. WHEATON (STATE BAR NO. 115230) 5/8/2015 11:55:45 AM 4 Verified Petition for Writ of Mandate and Complaint for Declaratory Relief 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BOARD is a FAP SECURES VICTORY FOR ENVIRONMENTAL NON-PROFIT FAP Secures Victory for Environmental Non-Profit Organizations in SLAPP Suit. A San Diego County Superior Court Judge dismissed a lawsuit brought by real estate developers challenging a general plan update and zoning changes that, according to FAP AND EFF FILE AMICI CURIAE BRIEF URGING RELEASE OF BODY FAP and EFF File Amici Curiae Brief Urging Release of Body Camera Footage. The First Amendment Project, on behalf of the Northern California Chapter of the Society of Professional Journalists, and the Electronic Frontier Foundation, joined together to file an amici curiae brief to oppose a Motion for Protective Order brought by the San Francisco District Attorney’s Office, prohibiting the CONTACTS: NATHANIEL KANE, NKANE@ENVIROLAW.ORG (510) 208 CALIFORNIA RURAL LEGAL ASSISTANCE, INC. FOR IMMEDIATE RELEASE November 1, 2016 Contacts: Nathaniel Kane, nkane@envirolaw.org (510) 208-4555 Cherokee Melton, cmelton@thefirstamendment.org (510) 208-4555 THE FIRST AMENDMENT PROJECT SOCIETY OF PROFESSIONAL RECORDING OR BROADCASTING IN COURT Court proceedings may not be photographed, recorded or broadcast without a court order. (CRC 980). This rule has been applied to pro- BROWN ACT WHAT MUST HAPPEN WHAT IF. a service of: the first amendment project society of professional journalists (nor. cal.) a pocket guide to open meeting laws in california: the brown act GUARDING AGAINST THE CHILL Guarding Against the Chill Page 4 suit is based is important in determining whether a particular case is a SLAPP. If the activity which triggers the lawsuit is constitutionally protected speech orpetition activity,
THE STORM THAT MIGHT BLOW AWAY DEMOCRACY 2012. Both received 1,409,000 votes.10 But Clinton again could not spark many Obama voters to turn out for her: she tallied 230,000 votes less than Obama did in 2012. This is how a 200,000-vote victory margin for Obama in the Badger State became a CALIFORNIA SHIELD LAW CALIFORNIA SHIELD LAW Cal. Const. article 1 § 2(b) Cal. Evidence Code 1070 THE BASICS The California Shield Law provides legal protections to journalists seeking to maintain the confidentiality CALIFORNIA PUBLIC RECORDS ACT WHAT’S COVERED ACCESS TIP L WHAT’S NOT COVERED • Employees' private papers, unless they "re-lat to the conduct of the public’s business prepared, owned, used, or retained AN ENVIRONMENTAL ADVOCATE’S GUIDE TO AVOIDING DEFAMATION 2 A PRIMER ON PUBLICATION LIABILITY DEFAMATION Defamation Defined Defamation is injury to reputation caused by the utterance or publication of false statements. Defamation includes libel and slander. Libel includes written or “permanently fixed” falsehoods.Slander includes spoken falsehoods. State law varies on whether or not it is34-2016-8000235$
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CLAUDIA POLSKY Stat, Bae r No . 185505 Environmental Law Clinic U.C. Berkeley Schoo of Lal w “F THE POLICE: POLICE SURVEILLANCE AND HOW TO AVOID IT” 2 Police and surveillance companies go to great lengths to keep this a secret. > Harris, the company that sells Stingrays, requires that police departments sign a non-disclosure agreement promising not to reference Stingrays in any public IN THE SUPREME COURT OF THE STATE OF CALIFORNIA IN RE 2 J.M. Coetzee is the winner of the 2003 Nobel Prize for Literature for “writing that upholds the fragile experience of the individual against the barbaric arbitrariness of history.” Coetzee is a THE FIRST AMENDMENT PROJECT SOCIETY OF PROFESSIONAL RECORDING OR BROADCASTING IN COURT Court proceedings may not be photographed, recorded or broadcast without a court order. (CRC 980). This rule has been applied to pro- BROWN ACT WHAT MUST HAPPEN WHAT IF. a service of: the first amendment project society of professional journalists (nor. cal.) a pocket guide to open meeting laws in california: the brown act GUARDING AGAINST THE CHILL Guarding Against the Chill Page 4 suit is based is important in determining whether a particular case is a SLAPP. If the activity which triggers the lawsuit is constitutionally protected speech orpetition activity,
THE STORM THAT MIGHT BLOW AWAY DEMOCRACY 2012. Both received 1,409,000 votes.10 But Clinton again could not spark many Obama voters to turn out for her: she tallied 230,000 votes less than Obama did in 2012. This is how a 200,000-vote victory margin for Obama in the Badger State became a CALIFORNIA SHIELD LAW CALIFORNIA SHIELD LAW Cal. Const. article 1 § 2(b) Cal. Evidence Code 1070 THE BASICS The California Shield Law provides legal protections to journalists seeking to maintain the confidentiality CALIFORNIA PUBLIC RECORDS ACT WHAT’S COVERED ACCESS TIP L WHAT’S NOT COVERED • Employees' private papers, unless they "re-lat to the conduct of the public’s business prepared, owned, used, or retained AN ENVIRONMENTAL ADVOCATE’S GUIDE TO AVOIDING DEFAMATION 2 A PRIMER ON PUBLICATION LIABILITY DEFAMATION Defamation Defined Defamation is injury to reputation caused by the utterance or publication of false statements. Defamation includes libel and slander. Libel includes written or “permanently fixed” falsehoods.Slander includes spoken falsehoods. State law varies on whether or not it is34-2016-8000235$
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CLAUDIA POLSKY Stat, Bae r No . 185505 Environmental Law Clinic U.C. Berkeley Schoo of Lal w “F THE POLICE: POLICE SURVEILLANCE AND HOW TO AVOID IT” 2 Police and surveillance companies go to great lengths to keep this a secret. > Harris, the company that sells Stingrays, requires that police departments sign a non-disclosure agreement promising not to reference Stingrays in any public IN THE SUPREME COURT OF THE STATE OF CALIFORNIA IN RE 2 J.M. Coetzee is the winner of the 2003 Nobel Prize for Literature for “writing that upholds the fragile experience of the individual against the barbaric arbitrariness of history.” Coetzee is a THE STORM THAT MIGHT BLOW AWAY DEMOCRACY 2012. Both received 1,409,000 votes.10 But Clinton again could not spark many Obama voters to turn out for her: she tallied 230,000 votes less than Obama did in 2012. This is how a 200,000-vote victory margin for Obama in the Badger State became a34-2016-8000235$
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CLAUDIA POLSKY Stat, Bae r No . 185505 Environmental Law Clinic U.C. Berkeley Schoo of Lal w FIRST AMENDMENT PROJECT UPDATE First Amendment Project update Does the First Amendment go too far? The Knight Foundation posed this question to high school students, teachers and principals as part of its “Future of the First Amendment” research project. FIRST AMENDMENT PROJECT MEMORANDUM OF POINTS AND AUTHORITIES BYAMICI CURIAE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 is a publicevent” and “hat
FAP FILES PUBLIC RECORDS ACT CASE WITH U.C. BERKELEY FAP Files Public Records Act Case with U.C. Berkeley School of Law. On May 27, 2016, FAP, along with the Environmental Law Clinic at the U.C. Berkeley School of Law, filed a lawsuit against the California Department of Public Health (“CDPH”) for violation of the California Public Records Act (“CPRA”). The suit alleges that, despite repeated requests by plaintiff and petitioner Dr. Joel JAMES R. WHEATON (STATE BAR NO. 115230) 5/8/2015 11:55:45 AM 4 Verified Petition for Writ of Mandate and Complaint for Declaratory Relief 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BOARD is a FAP URGES CALIFORNIA SUPREME COURT TO HEAR ALPR CASE FAP Urges California Supreme Court to Hear ALPR Case. On June 15, 2015, the American Civil Liberties Union of Southern California (ACLU-SC) and the Electronic Frontier Foundation (EFF) filed a Petition for Review in the California Supreme Court. FAP AND EFF FILE AMICI CURIAE BRIEF URGING RELEASE OF BODY FAP and EFF File Amici Curiae Brief Urging Release of Body Camera Footage. The First Amendment Project, on behalf of the Northern California Chapter of the Society of Professional Journalists, and the Electronic Frontier Foundation, joined together to file an amici curiae brief to oppose a Motion for Protective Order brought by the San Francisco District Attorney’s Office, prohibiting the FAP SECURES VICTORY FOR ENVIRONMENTAL NON-PROFIT FAP Secures Victory for Environmental Non-Profit Organizations in SLAPP Suit. A San Diego County Superior Court Judge dismissed a lawsuit brought by real estate developers challenging a general plan update and zoning changes that, according to CONTACTS: NATHANIEL KANE, NKANE@ENVIROLAW.ORG (510) 208 CALIFORNIA RURAL LEGAL ASSISTANCE, INC. FOR IMMEDIATE RELEASE November 1, 2016 Contacts: Nathaniel Kane, nkane@envirolaw.org (510) 208-4555 Cherokee Melton, cmelton@thefirstamendment.org (510) 208-4555* About
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THE FIRST AMENDMENT PROJECT IS A NONPROFIT ORGANIZATION PROVIDING FREE LEGAL SERVICES ON MATTERS RELATING TO FREE SPEECH AND FREE PRESS. FAP is dedicated to vindicating important First Amendment rights for individuals and groups that do not have the financial resources to hire private counsel. We specialize in representing journalists, documentarians, artists, activists, nonprofit organizations, and others who are sued for what they say or write, contesting governmental noncompliance with open records and open meetings laws, and challenging laws, practices, and policies that infringe on First Amendment rights. To that end, FAP also has expertise in, and routinely advises its clients on, matters related to copyright/Fair Use, privacy, and a variety of issues arising out ofnewsgathering.
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