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Ninth Circuit Holds Blocking Public from Officials' Social Media Accounts May Violate First Amendment

New case law suggests social media accounts created by public officials may be considered public forums subject to constitutional scrutiny under the First Amendment.

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United States Supreme Court Speaks on Government Versus Private Speech in Residents' Display of Flags on Public Property

In Shurtleff v. City of Boston (2022) 142 S.Ct. 1583 (Shurtleff), the United States Supreme Court, for the first time, addressed a topic that presents a common and growing issue for public agencies related to the intersection between government versus private speech.

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Governor Newsom's Executive Order Regarding Economic Sanctions on Russia Creates Confusion for Local Agencies

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 in response to Russia's invasion of Ukraine.

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Attorney General Addresses Who May Attend Closed Session Under the Brown Act

On May 26, 2022, the California Attorney General (AG) issued Opinion No. 21-1102, addressing certain aspects of "closed session" attendance under the Ralph M. Brown Act.

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Attorney General Takes Hardline Position on Permissible Use of School Bond Premium

On May 19, 2022, the California Attorney General (AG) published Opinion No. 14-202, stating that premium generated from the sale of school district general obligation bonds cannot be used for any purpose other than to pay debt service on the bonds.

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In a Victory for Public Agencies, United States Supreme Court Upholds City Off-Premises Sign Ordinance

In its recent holding in City of Austin, Texas v. Reagan National Advertising of Austin, LLC (U.S., Apr. 21, 2022, No. 20-1029), The United States Supreme Court upheld the right of public agencies to regulate on-premises and off-premises signs differently.

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U.S. Supreme Court Upholds a Community College Board's Censure of a Board Member

On March 24, 2022, the United States Supreme Court decided a case relevant to public agency governing boards managing disruptive board members. The case was originally brought by David Wilson, an elected trustee on the Houston Community College Board.

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Cautionary Click Tale: California Court of Appeal Holds that Online Pop-Up Provides Adequate Notice of Binding Agreement Terms

In B.D. v. Blizzard Entertainment, Inc. (Mar. 29, 2022, No. D078506)    Cal.App.5th    , the California Court of Appeal held that a pop-up license agreement used for an online videogame provided adequate notice to users that they would be bound by its terms, including a requirement for binding arbitration.

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