California

Oakland mayoral candidate loses appeal of unsuccessful defamation suit against weekly newspaper

Jack Komperda | Libel | News | April 30, 2013
News
April 30, 2013

A three-judge California appeals court panel has denied an Oakland mayoral candidate’s appeal of a lower court’s decision to toss out her libel suit against a weekly newspaper concerning coverage of her campaign.

Marcie Hodge, a local politician who ran unsuccessfully for mayor of Oakland in 2010, sued the East Bay Express for defamation soon after a September 2010 column ran in the newspaper questioning the motivations behind her bid.

California v. Superior Court of California, County of Los Angeles (Raef)

April 2, 2013

Photographer Paul Raef was charged with violating California Vehicle Code Section 40008, which provides enhanced penalties to drivers who violate one of the state's reckless driving laws with the intent to capture a visual image or sound recording for a commercial purpose. A trial court judge dismissed the charges in Nov. 2012, concluding that Section 40008 targets First Amendment-protected activity and is not narrowly tailored to serve the government's interest.

ACLU files lawsuit against U.S. Border Patrol over harassment of photographers

Lilly Chapa | Newsgathering | News | October 26, 2012
News
October 26, 2012

Two photographers whose cameras were confiscated and photos were deleted for taking pictures near customs buldings at the California/Mexico border have sued the U.S. Customs and Border Protection (CBP) agency for violating their First and Fourth Amendment rights.

Activist groups fight subpoenas for data from more than 100 e-mail accounts

Lilly Chapa | Reporter's Privilege | News | October 23, 2012
News
October 23, 2012

The Electronic Frontier Foundation and EarthRights International have filed motions to quash subpoenas issued by Chevron Corp. to three e-mail providers for the data and location information of more than 100 email accounts over the span of nearly a decade.

The subpoenas, which were issued in federal courts to Google and Yahoo in San Franciso and Microsoft in New York City at the beginning of October, represent Chevron’s latest attempt in an ongoing legal battle to prove that an Ecuadorian judge falsified information in an $18 billion lawsuit against the oil giant.

Journalist awarded more than $400,000 in FOIA case against FBI

Lilly Chapa | Freedom of Information | News | October 22, 2012
News
October 22, 2012

A federal court awarded a California-based journalist and author nearly half a million dollars in fees, concluding two FOIA litigation battles with the FBI that lasted for more than 25 years.

U.S. District Judge Edward Chen in San Francisco ruled Thursday that the FBI must pay Seth Rosenfeld $479,459 in attorneys’ fees because the journalist “substantially prevailed” in the two lawsuits he filed against the FBI.

California

Date: 
August 1, 2012

Summary of statute(s): In California, all parties to any confidential conversation must give their consent to be recorded. This applies whether the recording is done face-to-face or intercepted through some electronic communication such as a cell phone call or series of e-mail or text messages. Both civil and criminal penalties are available to victims of illegal recordings. Further, the state’s so-called “anti-paparazzi” legislation sets fines for, among other things, trespassing on private property with the intent of capturing photos.

Federal court relies on state secrets doctrine to dismiss several claims in secret surveillance suit

Amanda Simmons | Secret Courts | News | August 16, 2012
News
August 16, 2012

A federal court dismissed nearly all of the claims in a lawsuit challenging the constitutionality of the FBI spying on Muslim Americans, ruling that the government could invoke the “state secrets” privilege to avoid almost all litigation.

Calif. appellate court affirms dismissal of libel suit against Gawker under state's anti-SLAPP law

Jack Komperda | Libel | News | August 15, 2012
News
August 15, 2012

A California appellate court upheld the dismissal of a libel suit brought by the head of a small startup tech company against the Internet blogging company Gawker Media.

UC Berkeley police settle with unlawfully arrested photographer for $162,500; more police training

Raymond Baldino | Reporter's Privilege | News | July 5, 2012
News
July 5, 2012

The University of California Berkeley Police Department has settled with an independent photographer who sued the department after he was arrested and had his photographs confiscated while covering a protest in 2009. As part of the $162,500 settlement, the department has also agreed to change its policies towards the media and train officers about journalists' legal protections.

Anti-SLAPP statute does not protect Calif. lawyer from malicious prosecution claim

Amanda Simmons | Libel | News | June 13, 2012
News
June 13, 2012

A California appeals court ruled Friday that a malicious prosecution lawsuit against a Los Angeles-based attorney may proceed, reversing a lower court's holding that the state's anti-SLAPP statute protected the lawyer.