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Court: Private email exempt from open records law
Legal Information |
2014/04/04 15:56
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A California appeals court has ruled that private text messages, emails and other electronic communications sent and received by public officials on their own devices are not public records regardless of the topic.
The 6th District Court of Appeal in San Jose ruled last week that the state's Public Records Act doesn't extend to officials' private devices.
The California Supreme Court is expected to be asked to step in and settle this long-simmering debate.
State laws do require the communications of elected officials and other officials involving public issues to be retained and turned over upon request.
Since the coming of email, activists and others in the state have been battling at all levels of government over whether public issues discussed on private devices with personal accounts are covered by the Public Records Act. Similar legal battles and political debates have sprung up across the country as well.
The March 27 ruling reverses a lower court decision in favor of environmental activist Ted Smith, who sought access to messages sent on private devices through private accounts of the San Jose mayor and City Council members
Smith's attorney James McManis said he will ask the state Supreme Court to review the case. If the high court refuses to take it, the appeals court ruling will stand. |
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U.S. Supreme Court voids overall contribution limits
Law Firm Press Release |
2014/04/03 15:55
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The Supreme Court struck down limits today in federal law on the overall campaign contributions the biggest individual donors may make to candidates, political parties and political action committees.
The justices said in a 5-4 vote that Americans have a right to give the legal maximum to candidates for Congress and president, as well as to parties and PACs, without worrying that they will violate the law when they bump up against a limit on all contributions, set at $123,200 for 2013 and 2014. That includes a separate $48,600 cap on contributions to candidates.
But their decision does not undermine limits on individual contributions to candidates for president or Congress, now $2,600 an election.
Chief Justice John Roberts announced the decision, which split the court's liberal and conservative justices. Roberts said the aggregate limits do not act to prevent corruption, the rationale the court has upheld as justifying contribution limits.
The overall limits "intrude without justification on a citizen's ability to exercise 'the most fundamental First Amendment activities,'" Roberts said, quoting from the court's seminal 1976 campaign finance ruling in Buckley v. Valeo.
Justice Clarence Thomas agreed with the outcome of the case, but wrote separately to say that he would have gone further and wiped away all contribution limits. |
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The Law Offices of Tenecia P. Reid, PLLC
Attorney Interview |
2013/11/03 14:35
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The Law Offices of Tenecia P. Reid, located in Northern Virginia and is here to provide you the best legal service to you and your loved one. With years of experience in divorce cases and family matters, Tenecia is both strategic and aggressive. We will give you an honest assessment of your situation and together discuss the ways we could help achieve the goals and outcomes you want.
Specializing in family law for her entire career, Attorney Tenecia P. Reid stands ready to skillfully guide you through the divorce litigation process.
Divorce litigation can be frustrating, confusing, and emotional, so it is imperative to have an attorney who both listens and treats you with respect as you face major life decisions. Widely experienced, Attorney Reid has negotiated and litigated cases that include complex marital assets, tax issues, business valuations, underwater joint mortgages, adultery, abuse, protective orders, and bankruptcy issues.
Attorney Reid is also intimately familiar with the laws governing fault-based divorce cases, and can help you to determine whether you have one or more fault grounds against your spouse and how you may prove them.
Ms. Reid will be able to confidently assess your case and situation to help you obtain the best possible results. Don't hesitate to call today! |
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3 U.K. journalists plead guilty to phone hacking
Legal World News |
2013/11/01 14:34
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Three British journalists who were charged with hacking the phones of celebrities and others for a Rupert Murdoch-owned tabloid have pleaded guilty in advance of a trial, according to a prosecutor in London Wednesday.
Ex-news editor Greg Miskiw, ex-chief reporter Neville Thurlbeck, and former reporter James Weatherup faced charges that they eavesdropped on the voicemails of story subjects while they worked for the defunct News of the World.
Eight other former News employees -- including editors Rebekah Brooks and Andy Coulson -- will proceed as defendants in the trial, which includes charges that they made illegal payments to government officials for exclusives.
The journalists have denied the charges, but the pleas show "there was a conspiracy which involved a significant number of people," according to prosecutor Andrew Edis.
The trial began Wednesday as the prosecutor made arguments that the journalists cracked into voicemails by obtaining the password of the phones belonging to celebrities, politicians and crime victims. |
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