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5. The Legislative Body May Not Prohibit Public Criticism.

The legislative body may not prohibit the public from criticizing the “policies,
procedures, programs, or services of the agency, or of the acts or omissions of the legislative
body” regardless of whether it implicates the performance of one or more of its employees.

(Government Code § 54954.3(c); Perry Educational Association v. Perry Local Educators
Association (1983) 460 U.S. 37, 60; Leventhal v. Vista Unified School District (1997) 973
F.Supp. 951; Baca v. Moreno Valley Unified School District (1996) 936 F.Supp. 719; Ribakoff v.
City of Long Beach (2018) 27 Cal.App.5th 150; 90 Ops.Cal.Atty.Gen. 47 (2007).)

6. Members of the Public Cannot be Required to Give Names or Sign a Register as a
Condition of Attendance.

Members of the public cannot be compelled to provide their name or sign a
register as a condition of attendance at a meeting. If a register is provided, it must state clearly
that signing the register is voluntary and that all persons may attend the meeting regardless.
While it is unclear whether attendance also means participation, it is recommended that
providing a name or address not be mandated to speak unless providing that information is
directly relevant to the item being discussed. Even under those circumstances, if a member of
the public wishes to speak anonymously, the legislative body should consider allowing them to
speak, but otherwise give the weight or credibility that such anonymous comments are due.

(Government Code § 54953.3.)

7. The Media and Public May Record and Broadcast Meetings.

The Brown Act allows recording of meetings by still or motion picture camera in
addition to audio or video recording, unless the legislative body makes a reasonable finding that
the recording cannot continue without noise, illumination or obstruction of view that constitutes,
or would constitute, a persistent disruption of the proceedings. Any recording made at the
discretion of the local agency becomes a public record and may not be destroyed for 30 days
after the recording and is subject to public inspection.

The Brown Act also provides that a legislative body may not prohibit or otherwise
restrict broadcast of its open proceedings unless it makes a reasonable finding that the broadcast
cannot be accomplished without noise, illumination, or obstruction of view that would constitute
a persistent disruption of the proceedings. Radio and television stations are expressly permitted
to broadcast and telecast open meetings.

(Government Code §§ 6091, 54953.5, 54953.6.)

8. Documents Distributed in Connection with an Open Session Meeting Are Public
Records.

Writings distributed to all or a majority of the members of a legislative body by
any person, including staff, a member of the legislative body, or a member of the public, for

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