In Texas v. Johnson, the Supreme Court summarized the “bedrock principle” of the First Amendment: “that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.” But what if the idea is being pushed by an all-knowing algorithm . . . and the

California’s Computer Data Access and Fraud Act (CDAFA) (also referred to as the “Anti-Hacking Statute”) prohibits access to computers, computer systems, and networks without permission in order to do harm or engage in unauthorized use. (See California Penal Code § 502). Violation of the CDAFA may range from a misdemeanor to a felony offense, and

Believe it or not, it’s been approximately 6 months since Governor Newsom announced California’s stay-at-home order. Since then, many government agencies, courts, and schools have switched to using videoconferencing platforms such as Zoom or Google Meet to help their offices stay connected during the pandemic. While these virtual meeting platforms have played a vital role

This blog was authored by Megan Lewis.

Earlier this month, in Perez v. City of Roseville, the U.S. Court of Appeals held that terminating a police officer for engaging in an off-duty, extramarital affair with a co-worker could violate the officer’s right to privacy under the U.S. Constitution.

Background Facts

Perez, a probationary police

On October 18, 2017, the California Supreme Court denied review of Santa Ana Police Officers Association, et al. v. City of Santa Ana et al., a decision from the Fourth District Court of Appeal involving information (sometimes referred to as “discovery”) that must be provided to a law enforcement officer in connection with a disciplinary

couthouse-flag.JPGThis post was authored by Alison R. Kalinski

The California Supreme Court today reversed the Court of Appeal in City of San Jose v. Superior Court (Smith), and held that communications by a city employee concerning public business on a personal account, such as email, phone or computer, may be subject to disclosure under

Breaking-News1.jpgThis blog post was authored by Heather Coffman

The California Court of Appeal recently issued a decision that may give some relief to public agencies responding to requests under the California Public Records Act (“PRA”).  The Court found that the PRA does not require public agencies to produce communications sent or received by public officials