1st Amend lawyer. Adjunct Prof., UC Irvine Law School, Press Freedom Project. Putting the Bite Back into the Public Records Act. sseager1.clinic
@law
.uci.edu
Perhaps they returned your phones because I emailed UCLA police and comms to warn it would be illegal to keep your phones and use a search warrant to search them. I mentioned our $90K settlement paid to journo for illegal LASD arrest & illegal search warrant to search his phone.
Everyone’s phones were sent to UCPD station in Westwood. We were held in Van Nuys.
When the cops realized they fucked up, they personally had my phone and
@ACatWithNews
driven up to Van Nuys.
But those kids now had to trek to Westwood to get their phones. It’s not right.
1/ Did UCLA police arrest their own students with alleged “conspiracy to commit burglary” and keep their cell phones so they could get a secret search warrant to search their phones and pry deeply into every facet of their private lives?
UCPD Patrol Division Lieutenant Richard Davis said 43 individuals, including students, were arrested in Parking Structure 2 under charges of conspiracy to commit burglary.
2/ I ask because when police allege “conspiracy” and keep cell phones for “evidence,” it could be so they can ask a judge to issue a search warrant for the phones. That’s exactly what the LA Sheriff Dept. did when they arrested a Cal State journalist, citizen journalist, and
Wow! Gov Newsom signed the SB 98, which says cops can’t arrest reporters reporting on scene about protests, even when cops declare an “unlawful assembly” and tell protesters to leave. Great news!
BREAKING: 1/5 The Greater Los Angeles chapter of the Society of Professional Journalists welcomes the decision by Gov. Gavin Newsom to sign Senate Bill 98, which seeks to ensure that journalists can carry out their First Amendment-protected duties at
3/ and more than a dozen journalists in South LA after a protest over deputies shooting and killing a black cyclist. The judge signed the warrant, the deputies searched the cell phones, and fought to keep the search warrant under seal for 3 years.
@FACoalition
@KnockDotLA
@UCILaw
@UCIrvineIPAT
5/ The LASD told the judge they needed the warrant to investigate the arrestees for supposed “conspiracy” to riot and assault cops. But there was no such conspiracy. No such evidence. LASD never even presented the case to the DA to file charges. No charges were filed.
4/
@FACoalition
,
@KnockDotLA
, and law students at
@UCILaw
@UCIrvineIPAT
’s Press Freedom Project sued and won the unsealing of the warrant. The Superior Court judge held secret hearings about our motion to unseal. LA Sheriff’s Dept. still has all this private phone data.
Our UC Irvine Press Freedom Project won a $90K settlement this week for LA photojournalist Pablo Unzueta from LA County. We helped Pablo sue the County & Sheriff Villanueva after deputies falsely arrested him near a protest, took his camera & cell phone, & searched them.
@rcfp
1/
More bad news for Sheriff Villanueva:
@ACLU_SoCal
won court order late Friday ordering
@LASDHQ
to stop chaining mentally ill inmates to chairs and making them sleep on floors at Twin Towers.
@KateCagle
@AleneTchek
(More)
I also gave a shout-out to
@FilmThePoliceLA
and
@cerisecastle
at
@KnockDotLA
for their fearless reporting about Los Angeles Sheriff’s Department and the LAPD and urged the mainstream press to support independent reporters like those two. 3/
.
@LAPDHQ
LAPD needs to send public information officer immediately to interact with USC student reporters who are lawfully on campus. LAPD needs to abide by Penal Code section 409.7 which allows USC student reporters to go wherever they want to on campus to watch police action.
“Don’t be a coward.” That’s how I ended my speech to hundreds of LA journalists last night when I received the 2022 LA Press Club Guardian Award for Contributions to Press Freedom. I urged all journos to fight against the serious threats to our democracy 1/
So proud of
@KnockDotLA
, client of UC Irvine Press Freedom Project
@UCIrvineIPAT
, for posting tape of LA City Council members spewing racism in secretly taped meeting. Contrary to LA Labor Federation’s claim, media has 1st Amendment right to post tape even if taping was illegal.
“Fuck that guy… He’s with the Blacks.”
LA City Councilmembers Nury Martinez, Gil Cedillo, Kevin de León and LA Labor Federation President Ron Herrera making racist comments and discuss redistricting.
Listen to the audio:
Here’s an example of
@latimes
hiding Trump’s fascism by failing to say in its headline that Trump said shoplifters should be shot on sight. Better headline: “Trump urges illegal executions, says shoplifters should be shot dead on sight.”
If you cover the crazy things he says and the threats he makes aren't you spreading his poisons for him?
And if you decide not to give him that platform aren't you preventing the public from facing up to reality?
@froomkin
tries to solve this problem.
On Sept. 22, UC Irvine’s Press Freedom Project will be asking a court to unseal another politically motivated LASD search warrant used to search phones of protesters wrongfully arrested for protesting LASD killing of Dijon Kizzee. LASC, Norwalk, Dept SE-F, 10:30 am.
BREAKING: The Los Angeles County Sheriff's Department says their legal representation has been fired as the Kuehl, Giggans and Metro search warrants are challenged in court.
The department is now seeking pro bono representation in this matter, according to a statement.
The Press Freedom student law clinic at UC Irvine Law sued the City of LA today for violating the Public Records Act by refusing to give our clients
@KnockDotLA
&
@FACoalition
tapes of officers beating protesters outside Mayor Garcetti's home on Dec. 6, 2020.
@LAPDChiefMoore
We won disclosure of these wild Santa Ana police tapes by suing the City of Santa Ana. Great job by our UC Irvine law students working in the Press Freedom section of our
@UCIrvineIPAT
Clinic!
@UCILaw
Explosive, exclusive reporting for
@KnockDotLA
from
@bencamach0
: The Santa Ana Police department appears to have a gang within the ranks of their MET Team. Members share tattoos, tokens, and sexually assaulted a child. No one has been disciplined.
I urged reporters to ignore their editors’ rigid idea that using their news stories to save our democracy is “biased” or “partisan” - as the NYT top editor so outrageously said recently. 2/
Knock LA posted its own leaked copy of surveillance tape of police brutality by LA Sheriff’s Department in solidarity with
@latimes
@AleneTchek
.
@shelbygrad
Here's the footage of Deputy Douglas Johnson kneeling on the head of Enzo Escalante, leaked to Knock LA.
@AleneTchek
reported on claims that Sheriff Villanueva directed a cover-up of the investigation of this use-of-force & is now the subject of a department investigation.
@JamesQueallyLAT
This is his 4th arrest by LAPD, per his previous tweets. Previous 3 arrests were all to stop him from filming LAPD. But
@FilmThePoliceLA
Film has a right to peacefully film
#LAPD
and any arrest for that filming is a violation of the 1st and 4th Amendment.
If I had been your lawyer, I would’ve told you to go ahead and keep it named it Rampart, show the LAPD badges, and say LAPD. You had the right to do that because your show was commentary about the LAPD which is protected speech under first amendment.
We're ready to represent anyone arrested at
#UCLA
&
#USC
“While Local 148's Garrett Miller acknowledged the workload issues facing public defenders, he said he was confident in the office’s ability to handle cases related to arrests at campus protests.”
Classic rule in public records law: once the government voluntarily gives its records to one person, it must give the records to everyone. Translation: you gave Jan. 6 surveillance tapes to Tucker Carlson, now you are required by law to give them to me.
News media orgs sue DOJ today for Jan 6 videos /// 'The Speaker’s Office has refused to provide the Capitol Surveillance Videos to any other news organization or journalist who has since sought access.'
@josie_huang
@kentnish
Exactly. We all have a right to film police in public, and press credentials are not required. The idea that the sheriff even asked the DA to charge you when the cell phone footage showed your innocence is an abuse of power. Keep up the good work.
The LAPD has bullied the city into suing a journo to claw back public records that the city lawfully gave him. The City never released undercover cop photos to Ben Camacho. The LAPD simply expanded its definition of “undercover” after disclosure.
@katie_rcfp
UPDATE on LAPD's photo drop: The city of LA is suing me and the StopLAPDSpying Coalition, alleging that I illegally posses the photos they gave me.
This comes after they demanded I return the flash drive and delete digital copies. See 2nd & 3rd screenshot.
.
@latimes
@JonnyPeltz
@DavidZahniser
Why did LA City Council Person Gil Cedillo abandon the 1st District field office in Highland Park many months ago if he still wants to be in office and not resign? Isn’t he supposed to be serving his constituents still?
@cristianafarias
This is potentially a good thing. The defendant sought review because a Calif. court of appeal said police can do this. The cert petition was filed by a Stanford law school clinic that reps criminal defendants and has a great record at the S. Court.
.
@LASDHQ
The only illegal act is if
@LACoSheriff
tries to get search warrant to search
@AleneTchek
‘s phone records, smart phone, computer. That would violate Calif Penal Code S. 1524(g). Sheriff must tell judge trying to search reporter’s devices. Judge should say: no warrant.
BREAKING:
@LACoSheriff
says he is investigating
@latimes
reporter
@AleneTchek
in connection with a leak of information, displaying a photo of her at today’s newser. This is an extraordinary escalation in the sheriff’s attack not only on the paper but also on the First Amendment.
@AleneTchek
Ha ha. Gov’t agencies like LASD can’t sue for defamation. Sheriff could sue but needs to prove statements re “deputy gangs” refer to him and no deputy gangs exist. Truth and reporting about court cases is absolutely protected.
@HildaSolis
UPC has been closed as a result of significant activity at the center of campus. If you are in the center of campus, please leave. People who don’t leave will be arrested. We will issue another alert when it is clear to return.
.
@ShotOn35mm
I’m going to make a renewed Public Records Act request for the body cam footage. Also time for
@SPJLA
to demand apology from
@attorney_city
for using bogus hearing notice to chill your 1st A rights to film LAPD.
Trump v Bolton is a First Amendment law professor’s dream exam! Would a White House request for a court order blocking Bolton from testifying be an unconstitutional prior restraint? ...
If you really believe in the importance of journalism, you’ll drop your 2 lawsuits against Ben Camacho, a freelance reporter who did nothing but receive and publish photos that your office gave him & stop lobbying the legislature to make public employee identities secret.
@froomkin
@owillis
“I get frustrated with the Democrats’ lack of movement, to be quite transparent,” said Rahman, who recently joined Red Wine and Blue. “I think the other side has an engine that is always moving. They have a playbook. They’re playing chess and we’re playing Go Fish or something.”
A different analysis is necessary for student journalists who had a right to be on USC campus. They cannot be cited for trespass. PC 409.7 says “peace officer” may not impede journalist after police close area during protest and may not arrest for failure to disperse. /1
@PlasticJesus9
@SusanESeager
@jeremotographs
@LAPDHQ
Did they say PC 409/unlawful assembly? Helpful if on video! If PC 602/trespass, tweets won't fit all factors. SCOTUS Pruneyard case may or may not apply as campus closed, but CA Const has affirmative press rights (beyond US Const's defensive). Student journos even more rights.
The City of LA sued LA photojournalist Ben Camacho
@bencamach0
— but
@UCILaw
students at the
@UCIrvineIPAT
Press Freedom Project will fight to get this illegal act of gov’t censorship and prior restraint tossed out of court.
@jkbjournalist
@CapehartJ
The LAPD beating of Black motorist Rodney King was a baton training: the officers had a baton training at the station earlier that day and their supervising officer shouted baton stroke instructions during the beating. The LAPD called it “stick time.”
Thanks! It is crazy for the City of LA to try to block journalist
@bencamach0
from publishing *any* photos of 9,000 LAPD officers after the City gave him him the photos & they are now all over the internet. City cites *no* evidence the photos include truly undercover officers.
Penal Code section 409.7 says nothing about public or private property. It says if there’s a first amendment protest, police have to let reporters thru police lines. LAPD learned nothing from its illegal arrest of reporters at EchoPark in 2021.
@liborjany
.
@LAPDHQ
LAPD needs to send public information officer immediately to interact with USC student reporters who are lawfully on campus. LAPD needs to abide by Penal Code section 409.7 which allows USC student reporters to go wherever they want to on campus to watch police action.
We're thrilled to announce the honorees of our 2022
#IWMFCourage
Awards:
@lynseyaddario
,
@cerisecastle
, Victoria Roshchyna and
#XueqinHuang
. Learn about each of these intrepid journos in the thread below and join us for a virtual ceremony Nov. 9! 🧵
@mjs_DC
@neal_katyal
If you want to know who is the “good guy” lawyer who argued against Neal Katyal - it’s my amazing UC Irvine Law School colleague Paul Hoffman.
LA Sheriff’s deputies arrested Pablo for supposed “failure to disperse” even though he was 6 blocks from the 9/8/2020 protest, which had already ended. No charges ever filed. Deputies violated his 1st Amendment rights by arresting him & searching his cell phone and camera. 1/2
Everyone has the right to use the name of the LAPD, its initials, and seal to comment/report about the LAPD based on the 1st Amendment protection for free speech. But you can’t use them to impersonate an LAPD cop/organization.
Pablo was a student at Cal State Long Beach at the time and showed his press credentials but deputies ignored them.
@CSULB
@SPLC
. They jailed him, strip-searched him, kept his cell phone and camera for weeks, and never returned his camera memory card w/2 yrs of work. /3
Penal code section 407.9 does not require police to first declare an unlawful assembly or failure to disperse to trigger protection for journalists. Only 2 things are necessary to trigger protection for journalists: (1) 1st Amendment protest & (2) police closing area.
I wrote an amicus letter with the
@ACLU_SoCal
,
@FACoalition
,
@NPPA
urging the Cal. Supreme Ct to accept
@USATODAY
’s petition and decide that the public/press have constitutional right to attend court proceedings in the Britney Spears case - and all cases - via computer or phone
@JeffSharlet
I’ve also hated journo shorthand term “culture war” because it makes it sound like the fascist attack on human rights is a silly debate about fashion or art. What’s a more accurate term?
I just got a court ruling that the DA’s office is violating the Public Records Act by not responding “promptly.
@LADAOffice
How is it that the top law enforcement law official is breaking the law?
I'm in the middle of time off and shouldn't be on Twitter but I just got an e-mail from the L.A. D.A.'s office asking for an extension to a records request.
The request was for the office's current employee roster.
I filed it in March. They now need until Mid-May?
Drone safety and related issues are important. This is the FAA's job, not local jurisdictions. The city ordinance badly overstepped. LAPD has ordered personnel to suspend enforcement, which is good. If you were arrested, you deserve your equipment back and record cleared.
Not only did
@LAPDHQ
violate SB98 by forcing USC student journalists away from raid on campus anti-war encampment, but so did USC DPS officers, who are “peace officers” bound by SB 98 /Penal Code 409.7).
@AnnenbergMedia
@USCDPS
.
@SPJLA
Hey reporters and protesters who were arrested but not charged: did you get a “Certificate of Detention” from the arresting police agency? This cleans up your record by saying you were “detained” and not arrested. They are required by law to send it to you. 1/
Proud of Pablo for standing up for his rights! Thanks to
@UCILaw
students for their work, especially Zoe Vikstrom, who will speak at Yale Law School in October about the case at
@MFIAclinic
conference.
Calif. fair officials killed girl’s pet goat to silence her family’s social media pleas to save pet from slaughter. One of the most violent acts of government censorship of First Amendment free speech.
@MatthewStrugar
@CarriePoppyYES
The LA Police Foundation sent a C&D letter to the seller of shirts that said "FUCK THE LAPD."
The Foundation said it holds exclusive IP rights to the word "LAPD."
The seller's response was succinct:
I was UPI reporter when LAPD used 6-ton military tank to bash hole in Pacoima house in ‘85 w/ women, kids, mere speck of cocaine inside. Tank mothballed after 4 uses after outcry. ACLU won injunction saying cops needed search warrant, court ruling that tank nec to save lives.
At the time, under the leadership of Daryl Gates, the LAPD acquired two "tank-like" V-100 armored trucks (which were first used by the US in the Vietnam War) to break through the walls and doors of suspected "rock houses," where crack cocaine was allegedly sold.
My dumb little city of South Pasadena just voted to remove our *new* bike lanes because apparently some people think they reduce their property values & bring in - gasp! - outsider cyclists. Not surprising in a former sundowner town w/ racial covenants.
.
@LAPDPoliceChief
@LAPDHQ
LAPD is violating Penal Code section 409.7 at USC right now. Where is the public information officer on campus? USC student reporters have a right to observe DPS and LAPD actions.
DPS, with the assistance of LAPD, is clearing the center of UPC. If you are in the center of campus, please leave. People who don’t leave could be arrested.
@PplsCityCouncil
@MatthewStrugar
@CourtWatchLA
@sh4keer
@HamasakiLaw
I think it violates the 1st Amendment to block press from attending a court proceeding but not provide remote access via audio or video. Calif CCP 124(b)(2) requires court to provide audio or video access to public/press but only if entire “courthouse is physically closed.”
@bylucaevans
Keep being a pushy reporter, Luca. The USC Athletic Department’s rule that sports journalists may only ask questions *when* and *where* the school dictates or they yank your credentials is antithetical to a free press.
@LAPressClub
Here is the Hollywood actor & head of LAPD union who is making *dramatic* claims that officers are in danger because their photos are public - but if he is so concerned about their safety, why did he draw national attention to the photos?
@maddow
@LAcrimes
I don’t see anything in the LA charter saying a neighborhood council is forbidden from having a position on a lawsuit initiated about the LA city attorney. Am I missing something?
If the LAPD is so worried about the danger of public photographs of its officers, why does the LAPD post photos of its officers on the Internet and social media? Why do individual officers post photos of themselves on social media?
Congrats to
@cerisecastle
and
@KnockDotLA
for this ground-breaking series on LASD gangs!
@UCIrvineIPAT
and UCI Press Freedom Project are proud to be suing the LASD for Cerise and Knock LA to expose even more secrets about these deadly badge-wearing deputy gangs.
So honored to announce that I’m a winner of this year’s American Journalism Online Awards for my 15 part series on
#LASDgangs
, the first and only history of deputy gangs. Thank you so much to the community for reading it and to the judges for acknowledging my work.
#AJOAwards
Sheriff claims brutality tape = stolen property. No. It’s public record per Calif Public Records Act. Plus US Supreme Court sez reporters don’t break law when report on leaked docs even if leaker broke law. And Cal law sez reporter can’t be forced to ID leaker.
We will need a full accounting of whether search warrants have been filed against anyone arrested at UCLA today, as has been done with previous arrests at protests. The conspiracy to commit burglary opens up the possibility of that happened.
Previously:
Here’s my official 1989 LA Sheriff’s Department press pass. I traded it for a law degree and now I’m here to defend the rights of journalists to report the news - whether or not they have an “official” press pass.
@josie_huang
@SPJLA
@UCIrvineIPAT
In May of 2019, Los Angeles county settled a multi-million dollar lawsuit over the killing of AJ Weber by
@LASDHQ
deputy Gregory Van Hoesen. Two months later, he killed another person.
Van Hoesen is still on the job.
#LASDgangs
@PlasticJesus9
@SusanESeager
@jeremotographs
@LAPDHQ
Thanks for flagging! I'm trying to unpack it, more evidence the better. USC is private land & recently fully closed to public. Possible untested legal questions. Student journos are vital here. Maybe different than public, & even UC (UCLA) vs. CSU (Cal Poly) may differ slightly.
@FACoalition
@KnockDotLA
@UCILaw
@UCIrvineIPAT
6/ We are still fighting in the Court of Appeal to unseal the secret hearing transcripts, get a finding that the court violated the First & Fifth Amendments by holding secret hearings that excluded us, public, and press and keeping the search warrants records sealed for 3 years.
Former top-ranking official offers first eyewitness account of Sheriff Villanueva lying in cover-up & lays out other disturbing allegations, like this one related to a lieutenant arrested on suspicion of domestic violence
Great work by
@UCILaw
students in our Press Freedom Project going to court and prying loose secret records about Los Angeles sheriff’s deputy shooting off his colleague’s deputy gang tattoo. Yes, some LA sheriff’s deputies have their own gangs.
@FilmThePoliceLA
Can you provide details? Did you send a Public Records Act request to the LAPD for all communications mentioning you by name and Twitter handle? If not, you should. I can help.
Exciting news! I've been hired full-time at
@UCILaw
to teach students practical lawyering skills while representing indy journalists & fighting gov't secrecy. Thanks to the Legal Clinic Fund and
@DemocracyFund
for funding our Press Freedom and Transparency Team!
#FirstAmendment
Great news! We've received funding from the Legal Clinic Fund to support our Press Freedom and Transparency team! With this support, the inimitable
@SusanESeager
has joined the Clinic to lead this team. Welcome Susan!
@ucilaw
#PressFreedom
#FirstAmendment
.
@latimes
@911LAPD
@LAPDHQ
Hey LAPD: you should release the photo of this cop who was arrested for alleged rape to alert other potential victims that he may have been victimizing them.
@ErikWemple
@andy_geronimo
Palin’s endgame has always been to use her case to get the reactionary Supreme Court majority to toss out yet another one of its rulings and get rid of the actual malice rule. Ask her attorneys. Why else sue when she suffered zero harm to her reputation?
Our fantastic students at the
@UCILaw
@UCIrvineIPAT
Press Freedom and Transparency team won court orders unsealing juvenile court records for this LA Times expose about the LA DCFS’s malpractice that led to the death of a chronically abused child.
The California Supreme Court could - and should - find that the state’s Prop. 59 - which enshrined public/press access to court and government proceedings in the Cal. Constitution in 2004 - creates public/press right to see and hear court proceedings via computer/phone/internet.
NEW: We are asking the California Supreme Court to grant
@USATODAY
's petition for review in a case that could break new ground on the public's right to access phone, video court proceedings.
Read
@SusanESeager
's letter for
@FACoalition
@NPPA
@ACLU_SoCal
.
Why? For one, the cat is out of the bag. Bolton’s statements - at least many of them - are now public. Two, Bolton’s statements are of the highest public interest. Three, vague White House claims of fears of harm to nat’l security...
Cal Penal Code 409.5(d) allows “duly authorized” journalists behind police lines during a natural disaster - as well as during a “civil disturbance” and “riot.”
True. But 409(d) applies to natural disasters. I've never heard it used for dispersal orders. That's why there's SB98, which would ban police from arresting or obstructing journalists who stay after a dispersal order. Let's hope it passes this year.
US District Court Judge Dean D. Pregerson in the Central District of Calif issued the TRO at 5:36 pm Friday in Rutherford v Block, case No. 2:75-cv-04111-DDP, Docket # 345. (It’s called “Block” after the previous sheriff b/c it’s a case from 1975 and hasn’t been updated yet.)
@StearnsLab
Your NY lawyers neglected to mention your powerful Calif. tool: a speedy motion to dismiss any Atlas lawsuit using Calif. SLAPP statute. If you won - which you would - Atlas would have to pay your attorney’s fees! NY lawyer Kasowitz forgot Calif. law, too.
@FilmThePoliceLA
@busblog
@davidjbullock
Every person, journalist or not, has the First Amendment right to peacefully film police in public if the person is not interfering with the police action. It is a violation of the First Amendment to arrest someone who is filming the police in public.
Los Angeles does not have a secret police force. Members of the public and journalists have a First Amendment right to photograph police officers in public.
When I interviewed lawyer for DDT manufacturer Monsanto when NOAA sued it in 1990s for dumping DDT off LA coast, his defense: DDT only hurt animals, not humans. 84-yr-old Judge Hauk dismissed case, calling NOAA experts “pointy-heads” and “pseudoscientists.” 9th Circuit reversed.
Just published a new article … and it’s a doozy: Scientists have found DDT in key species at the base of the deep-sea food web, raising concerns on how this toxic chemical might be infiltrating and circulating through our marine ecosystem